The tariff classification of a lantern from China.

N058515 May 1, 2009 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.4000 Ms. Martha De Castro Bed Bath and Beyond 650 Liberty Avenue Union, NJ 07083 RE: The tariff classification of a lantern from China. Dear Ms. De Castro: In your letter dated April 20, 2009, you requested a tariff classification ruling. The merchandise under consideration is identified as a lantern style candle holder, SKU #16548529. A sample was submitted with your ruling request and will be returned to you. The lantern consists of a clear glass vessel resembling a fish bowl measuring approximately 6 inches tall and 7 inches in diameter with a top opening of 3¾ inches. This bowl is supported by a round black iron base with two metal bands reaching upwards on opposite sides of the bowl to the top and attached to a metal trim ring around the opening with a metal wire handle. Included with the lantern is a flameless LED (Light Emitting Diode) candle light made of wax resembling a pillar style candle, with a plastic base featuring an on/off slide switch and compartment for a 3 volt (V) Lithium battery. From the information you provided, this lantern is not designed or tested to withstand heat from an open candle flame, and will be labeled identifying its use with a “Battery Operated Candle Only.” The lantern will be packaged together for retail sale with two natural pinecones, two artificial evergreens, white river stones and three plastic silver ball ornaments used to decorate the inside of the fish bowl around the flameless candle. The applicable subheading for the Lantern Style Candle Holder (SKU #16548529) will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)…: Lamps: Other.” The general rate of duty will be 3.5 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