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NY H89870




April 15, 2002

CLA-2-94:RR:NC:2:227 H89870

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Sam Pontieri
Alpha International, LP
Customs Broker
40 Parker Rd., Ste. 201
Elizabeth, NJ 07207

RE: The tariff classification of a non-electrical lamp from China.

Dear Mr. Pontieri:

In your letter dated March 14, 2002, on behalf of Silk Road Gift, you requested a tariff classification ruling.

The sample submitted is a non-electrical lamp that measures approximately 7 ½ inches in overall height. It is constructed with a round-shaped polyresin base simulating a stone block-like facade and measuring about 1 inch in height by 3 1/3 inches along its bottom diameter. There is a water-filled glass globe, attached to the base, that contains a polyresin rural depiction of trees behind and above a barn-like building with the Coca-Cola trademark across its body, in addition to synthetic glitter which appears when shaken. It features a metal holder with tealight candle that is incorporated atop of the glass globe. The border of the tealight holder accommodates the insertion of a tripod-shaped metal shade holder with a ring-like top. There is also a frosted plastic lampshade, measuring 3 inches in height by 5 ½ inches across its bottom diameter, that possesses the Coca-Cola trademark with the silhouette motif of its bottle-shaped design.

The applicable subheading for this non-electrical lamp will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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