G89738 G8 Ruling Active

The tariff classification of non-electrical lamps from China.

Issued April 16, 2001 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9405.50.4000

Headings: 9405

Product description

Each lamp consists of an open top cylindrical-shaped ceramic container of stoneware measuring about 4 ¾ inches in height with top and bottom diameters of 4 ¾ inches. Each item also features a perforated metal lamp shade, measuring about 4 ¼ inches in height with bottom diameter of 7 inches, that is so constructed to be placed atop of the container. There is the decor of either Santa, Santa and Snowman, or Moose on the exterior container with each lamp shade possessing either heart or tree-shaped cutouts on its body. Further, there is seasonal decorative wording imprinted around the top portion of the shades with heart-shaped cutouts. It is noted that each container, which is decorated with a raffia bow affixed near the top rim, is designed to contain a pillar candle.

CBP rationale

The applicable subheading for these non-electrical lamps will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other.

Full text

NY G89738 April 16, 2001 CLA-2-94:RR:NC:2:227 G89738 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Ms. Pilar Dorfman E. Besler & Company Customs Broker P.O. Box 66361 Chicago, IL 60666-0361 RE: The tariff classification of non-electrical lamps from China. Dear Ms. Dorfman: In your letter dated March 22, 2001, on behalf of LTD Commodities, Inc., you requested a tariff classification ruling. Samples are being returned as requested. The subject merchandise, based on the samples submitted (item number 235008), is three non-electrical lamps that measure approximately 9 inches in overall height. Each lamp consists of an open top cylindrical-shaped ceramic container of stoneware measuring about 4 ¾ inches in height with top and bottom diameters of 4 ¾ inches. Each item also features a perforated metal lamp shade, measuring about 4 ¼ inches in height with bottom diameter of 7 inches, that is so constructed to be placed atop of the container. There is the decor of either Santa, Santa and Snowman, or Moose on the exterior container with each lamp shade possessing either heart or tree-shaped cutouts on its body. Further, there is seasonal decorative wording imprinted around the top portion of the shades with heart-shaped cutouts. It is noted that each container, which is decorated with a raffia bow affixed near the top rim, is designed to contain a pillar candle. The applicable subheading for these non-electrical lamps 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. In regard to your query on quota restrictions, there is currently no quota or visa restriction with respect to this merchandise. 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 George Kalkines at 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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