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NY M85650




August 15, 2006

CLA-2-94:RR:NC:1:108 M85650

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.3000

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a metal candle lamp from India.

Dear Ms. Ramsey:

In your letter dated July 25, 2006, you requested a tariff classification ruling.

The submitted sample is a candle lamp, referred to as the “Lampshade Tealight Holder” (item number 56970), which measures approximately 4 ¾ inches high. It has a brass base that incorporates a top cylindrical receptacle for a tealight candle (not included) and a removable, decorative nickel shade, which is encircled with a floral cutout motif.

The applicable subheading for this metal candle lamp will be 9405.50.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other non-electrical lamps and lighting fittings: Of brass. The rate of duty will be 5.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 9405.50.3000, HTSUS, 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 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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