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NY N014780




August 7, 2007

CLA-2-94:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.20.8010

Ms. Diane L. Pingarelli
MercAsia USA, Ltd.
1501 Gary Street
Bethlehem, PA 18018

RE: The tariff classification of hurricane style table lamps from China.

Dear Ms. Pingarelli:

In your letter dated July 23, 2007, you requested a tariff classification ruling.

The merchandise under consideration consists of a pair of Hurricane Lanterns. A sample of one of the lanterns was submitted with your ruling request. The sample measures approximately 13 inches high and features an electric Flameless LED (Light Emitting Diode) candle light made of wax. The candle light resembles a pillar style candle and measures approximately 4½ inches high with a diameter of 3 inches. Three “AAA” type batteries provide power to three LED lamps in the candle. The batteries are installed into the candle bottom where a three position slide switch is provided for switching between two brightness levels and off. The LED candle is fitted into a round spindle base designed for placement onto a table or other flat surface. The base is constructed of a poly resin material and measures approximately 6 inches high with a diameter of approximately 5½ inches at its widest point. A clear glass hurricane style hour-glass shaped globe, measuring approximately 8 inches high and 6 inches in diameter at its widest point, sits on top of the base surrounding the candle light. A separate removable crystallized red berry garland, in the form of a candle ring with festive foliage, is provided for seasonal decoration when placed around the candle base. This ring may be removed for off season use of the lamp.

In your letter you suggest classification under 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), for portable electric lamps. The term “portable lamps” refers only to those lamps which are designed for use when carried in the hand or on the person. They usually have a handle or a fastening device and may be recognized by their particular shape and their light weight. Heading 9405, HTSUS, provides for portable lamps (other than those of heading 85.13). The hurricane lantern at issue is clearly not designed to be carried in the hand or on the person for providing light.

The applicable subheading for the Hurricane Lanterns with decorative ring will be 9405.20.8010, HTSUS, which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Electric table, desk, bedside or floor-standing lamps: Other: Household.” The general rate of duty will be 3.9 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/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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