The tariff classification of an electric candle lantern from China.

N095098 March 5, 2010 CLA-2-95:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.6000 Mr. Darren Yokopenic HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of an electric candle lantern from China. Dear Mr. Yokopenic: In your letter dated February 15, 2010, you requested a tariff classification ruling. The merchandise under consideration is an electric candle lantern, item number 415437. A sample of the lantern and stand was submitted with your ruling request and will be returned to you. The electric candle lantern consists of an iron frame, hexagonal in shape with six clear plastic panels, and measures approximately 11 ¾ inches high by 5 ¾ inches wide at its widest point, tapering inwards to a base of 4 ¾ inches. Within the lantern is a permanently mounted battery-operated LED (light emitting diode) plastic candle that is powered by three “C” batteries, not included. On the bottom of the lantern are the battery compartment and a three-way slide switch with settings for “on”, “off”, and “timer.” The “timer” setting automatically switches the light off after a 6-hour interval. Atop the lantern is a small iron ring for hanging the lantern onto the iron stand, which is comprised of a metal wire ring base measuring 9 ¾ inches in diameter with an additional metal wire rising up from the base in a curved 19-inch hook. This stand is suitable for placement on any flat surface and is imported packaged together for retail sale with the lantern. In your ruling request you suggest classification of the electric candle lantern in 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), as an other portable electric lamp. However, this lantern is not designed for use while carried in the hand or on the person. The electric candle lantern and stand are designed for placement on any flat surface. The applicable subheading for the electric candle lantern, item number 415437 will be 9405.40.6000, HTSUS, which provides for “Lamps and lighting fittings…: Other electric lamps and lighting fittings…: Of base metal: Other.” 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 National Commodity Specialist Division