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NY K86692




June 3, 2004

CLA-2-94: RR: NC: 1:108 K86692

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.99.4000

Mr. Donald S. Stein
Greenberg Traurig, LLP
800 Connecticut Avenue N.W.
Suite 500
Washington, D.C. 20006

RE: The tariff classification of a porcelain vase shaped lamp from Hungary

Dear Mr. Stein:

In your letter dated May 28, 2004, on behalf of your client Martin’s Herend Imports, Inc., you requested a tariff classification ruling.

The item in question is denoted as a porcelain basket weave vase shaped lamp in the Chinese Bouquet Multi-Color pattern. It is vase shaped, with a hole running through its entire length. You indicate that after importation this vase, with a dedicated hole, is to be combined with wiring, a rod, a lamp base and other miscellaneous articles to form a complete electrical table lamp.

You have indicated that the article should be considered as a part of an electrical table, desk, bedside, or floor-standing lamp of other than base metal under HTS provision 9405.20.8010. Please note that this provision does not cover lamp parts. This office agrees that this item is a lamp part but it is to be classified under the specific parts provision. Please note that HQ Ruling 952561 offers guidance in this matter.

The applicable subheading for the porcelain lamp vase will be 9405.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Parts: Other: Other. The duty rate will be 6 percent ad valorem.

Articles classifiable under subheading 9405.99.4000, HTS, which are products of Hungary 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 our Web site at www.cbp.gov and search for the term "GSP".

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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