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NY N015065





August 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Dana Praeger
Lamplight Farms
4900 North Lilly Road
Menomonee Falls, WI 53051-7035

RE: The tariff classification of oil lamps from China, Taiwan or Vietnam.

Dear Ms. Praeger:

In your letter dated July 25, 2007, you requested a tariff classification ruling.

The merchandise under consideration are two “Aroma Glow” oil lamps. Samples of both oil lamps imported from China were submitted with your ruling request and will be returned to you.

The submitted samples are identified as the Aroma Glow Home Fragrance Lamp and the Aroma Glow Lamplight. The Aroma Glow Home Fragrance Lamp consists of a hollow ceramic bowl-shaped base measuring approximately 3 inches high by 3½ inches wide with an adjustable vent steel collar to secure a 3oz. cartridge filled with scented oil and a ceramic shade measuring approximately 2½ inches high by 4 inches wide. Completely assembled, this lamp is 6 inches high. The Aroma Glow Lamplight consists of a hollow hourglass-shape steel base measuring approximately 4 inches high by 4 inches wide with an adjustable vent steel collar to secure a 3oz. cartridge filled with scented oil and a frosted glass inverted bell-shaped shade measuring approximately 4 inches high with an open top diameter of 5 inches. Completely assembled, this lamp is 8¼ inches high. The two oil lamps may be imported with mosaic tile lamp shades.

The applicable subheading for the Aroma Glow Home Fragrance Lamp and the Aroma Glow Lamplight will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 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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