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NY L86744




August 17, 2005

CLA-2-94:RR:NC:1:108 L86744

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Heidar Nuristani
Central Purchasing, LLC.
Import Operations Group
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of a non-electric lantern from China.

Dear Mr. Nuristani:

In your letter dated July 22, 2005, you requested a tariff classification ruling and the applicability of antidumping duties. Sample is being returned as requested.

The submitted sample is a cylindrical non-electric lantern, referred to as the “Candle Lantern,” which is primarily composed of aluminum. This lantern measures approximately 4 ¼ inches in height when closed (not raised for lighting) and 6 ½ inches in height when opened (raised for lighting). It has an interior bullet-shaped metal housing for a 2 ¾-inch candle, all inserted within a glass enclosure. It also features the following: an interior-metal spring for securing and raising the candle in the housing; a metal-top heat shield; a removable-plastic base for accessing the candle; and a metal bail handle for carrying and hanging. It is imported within a cylindrical plastic-fitted container, which is then inserted into a retail-packed cardboard box.

The applicable subheading for the Candle Lantern 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.

In regard to the applicability of antidumping duties, a list of the AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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