The tariff classification of hurricane style table lamps from China.

N044849 December 3, 2008 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.20.8010 Ms. Heather Mooney QVC, Incorporated 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of hurricane style table lamps from China. Dear Ms. Mooney: In your letter dated November 17, 2008, you requested a tariff classification ruling. The merchandise under consideration is a pair of Flameless Candle Hurricane Lamps, Item Number H14085. Samples of the lamps were submitted with your ruling request and will be returned to you. The samples are two hurricane lamps with etched shades made of glass ceramic mounted on top of wooden pedestals constructed of Medium Density Fiberboard (MD). The pedestal style bases are in two different heights bringing the total height of the lamps to approximately 13 and 16 inches tall. The hurricane lamps feature electric Flameless LED (Light Emitting Diode) candle lights made of wax. The candle lights resemble pillar style candles and measure approximately 5 inches high with a diameter of 3 inches. Three “AAA” type batteries (not included) provide power for the LED lamps. The batteries are installed into the candle bottom where a three position slide switch is provided for switching between four or eight hours of illumination and an off position. The LED hurricane lamps are designed for placement onto a table or other flat surface. The individual pedestal bases measure approximately 6 and 9 inches high with a diameter of approximately 5 inches at their widest point. The etched hurricane glass shades are oval shape cylinders with an open top and bottom. The glass shades measure approximately 7 inches high with a 5½ inch diameter at its widest point. The shades sit on top of the wooden pedestals surrounding the candle light. The glass shades are available in three different colors; Champagne, Ice Blue and Cranberry. The applicable subheading for the pair of Flameless Candle Hurricane Lamps, Item Number H14085 will be 9405.20.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: 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 National Commodity Specialist Division