The tariff classification of a metal torch lamp from an unspecified country.

N052627 March 20, 2009 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 7306.30.1000, 9405.50.4000 Ms. Dana Praeger Lamplight Farms W140 N4900 Lilly Road Menomonee Falls, WI 53051 RE: The tariff classification of a metal torch lamp from an unspecified country. Dear Ms. Praeger: In your letter dated February 18, 2009 you requested a tariff classification ruling. The merchandise under consideration is a metal oil torch lamp, item number 1108545. A sample was submitted with your ruling request and will be returned to you. This oil lamp consists of a torch head and pole, together they measures approximately 6 feet high. You state that the torch head and pole with be imported both separately and together. The torch head is made of metal and measures approximately 10 inches high with an open top diameter of 5 inches tapering down to a base 2¾ inches in diameter. It features a removable unfilled cylindrical fuel container with a wick surrounded by a round metal flameguard. There is also a metal snuffer designed to sit atop of the torch head. Recessed into the base of the torch head is a threaded opening designed to accept the torch pole. The submitted sample, a 5 foot torch pole, consists of four segments of tubing each measuring 15 inches in length.  The tubes are constructed of welded carbon steel having a wall thickness of 0.6 mm and finished in a black powder coat.  They are internally threaded on one end and externally threaded on the other. When imported together, the torch head and the torch pole comprise the metal oil torch lamp; however, the torch head is also in and of itself a non-electric lamp. The applicable subheading for the complete metal oil torch lamp, item number 1108545, and the metal oil torch head when imported separately will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 percent ad valorem. The applicable subheading for the steel tubing will be 7306.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of less than 1.65 mm.  The general rate of duty will be free. 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