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NY L87429




September 15, 2005

CLA-2-94:RR:NC:1:108 L87429

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Mr. Crago:

In your letter dated August 23, 2005, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a non-electric lamp, referred to as the “Embossed Wax Lantern” (item number C029IA02539), that consists of an open-top sphere-like translucent-wax housing, which is designed to contain an open-top cylindrical-ceramic receptacle with pillar candle. The wax housing, possessing an embossed bamboo-like exterior, measures approximately 7 ½ inches in height by 12 inches in diameter overall and has an interior-circular indentation measuring about 4 inches in diameter by ½ inch in depth. The ceramic receptacle, measuring nearly 4 inches in diameter by 1 ¾ inches in height, is designed for the insertion of the pillar candle measuring nearly 3 inches in height by 3 inches in diameter. It is stated that this merchandise is intended to be put up in a retail-packed condition at the time of importation.

The applicable subheading for this non-electric 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.

The candle in this non-electric lamp may be subject to antidumping duties or countervailing duties. A list of 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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