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NY N025744




April 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.20.6010

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380

RE: The tariff classification of an electric table lamp from China.

Dear Ms. Purcell:

In your letter dated April 2, 2008, you requested a tariff classification ruling.

The merchandise under consideration is described as the “Metal Candle Holder with 5 LED Candles and Foliage,” item number CO-07003. A sample of the item was submitted with your ruling request and will be returned to you. The sample measures approximately 24 inches long by 4.5 inches wide at its widest points and features 5 electric LED (light emitting diode) candle lights made of wax. The candle lights resemble 3 inch diameter pillar-style candles measuring approximately 4 inches high. They are individually powered by three included “AAA” type batteries that are installed in the bottom of each candle light, where also a 2-position “on-off” slide switch is provided. The LED candle lights are fitted into a metal wire frame base that may be placed on a table or any flat surface. The base is decorated with artificial foliage consisting of plastic pine branches, Styrofoam berries, and natural pinecones. Welded to the metal base are five evenly spaced metal holders of graduated heights, which stand above the foliage, with the center holder rising to approximately 6 inches tall. The two holders closest to the center holder measure 4.5 inches tall, while the remaining two measure 3 inches tall.

The applicable subheading for the Metal Candle Holder with 5 LED Candles and Foliage will be 9405.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings: Electric table, desk, bedside, or floor-standing lamps: Of base metal: Other: Household.” 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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