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NY I80590




May 10, 2002

CLA-2-94:RR:NC:2:227 I80590

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.40

Ms. Lesa R. Hubbard
J.C.Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of a glass votive in a beaded holder and a glass bowl in a beaded holder from India

Dear Ms. Hubbard:

In your letter dated March 12, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The glass votive in a beaded holder, style 4174, consists of a glass votive holder inserted into a holder made of a brass framework and plastic beads. A votive candle will not be included.

The applicable subheading for the glass votive in a beaded holder, style 4174, will be 9405.50.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The duty rate will be 6 percent ad valorem.

Articles classifiable under subheading 9405.50.40, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “Files”, click on “search” and then enter a key word search for the term “T-GSP”.

Your inquiry does not provide enough information for us to give a classification ruling on the glass bowl in beaded holder, style 4171.

In order to issue a ruling regarding style 4171, we need the following additional information. Please submit the additional information indicated below.

The glass portion of this item was destroyed in shipment. Please submit a new sample.

For style 4171, please indicate the unit value of the glass bowl in the metal stand (i.e., the value at which the glass bowl in the stand will be sold by the foreign firm to the American importer). In addition please indicate the unit value of the glass bowl itself.

Please submit any available advertising or marketing literature on this item indicating how this product will be used or marketed.

Please verify your statement in our phone conversation that the glass bowl will be used to hold potpourri and similar materials.

Please verify your statement in our phone conversation that the metal portion of the product will always be used as a stand to support the glass bowl and will never be used independently to hold materials itself.

When this information is available, you may wish to consider resubmission of your request on style 4171. If you resubmit the request, please resubmit a copy of your original letter along with the sample and information requested in this notice.

Please mail your request to U.S. Customs, 6 World Trade Center, Customs Information Exchange, Room 437, New York, NY 10048, attention: Binding Rulings Section.

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 style 4174, contact National Import Specialist George Kalkines at 646-733-3028. If you have any questions regarding style 4171, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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