The tariff classification of a candle warmer lamp from China

N340956 July 17, 2024 CLA-2-94:OT:RR:NC:N 4 410 CATEGORY: Classification TARIFF NO.: 9405.29.6010; 9903.88.03 Alexander Kopp CVS Pharmacy Inc. One CVS DriveWoonsocket, RI 02895 RE:  The tariff classification of a candle warmer lamp from China Dear Mr. Kopp: In your letter dated June 27, 2024, you requested a tariff classification ruling. The merchandise is identified as the candle warmer lamp, CVS item # 552344. The submitted literature and the sample review indicates that the CVS item # 552344 is a desk lamp made of iron. It comprises a round disk-like base and a cylindrical light head or shade. A rod extended from the side of the base is connected to the shade. The base measures approximately of 0.75 inches in height and 6 inches in diameter. The overall dimensions of candle warmer lamp measure approximately 12.2 inches high, 7.5 inches wide, and 6 inches deep, which is designed for use in the domestic environment. It is stated that the lamp head uses a 35W GU10 halogen bulb (included in the package) to produce heat and melt the candle placed on the base. The lamp can reach a surface temperature of 120 degrees Celsius. The base is only to hold the candle in place and has no design to stabilize the candle. The candle is not included and sold separately. The lamp produces enough light to read a book by or to illuminate the surrounding area, but the primary intended use is to melt the candle. The candle warmer lamp also features a dimmer switch on the power cord that can adjust the brightness of the light. The applicable subheading for the CVS item # 552344 will be 9405.29.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Luminaires and lighting fittings…: Electric table, desk, bedside or floor-standing luminaires: Other: Of base metal: Other: Household.”  The general rate of duty will be 6 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9405.29.6010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 9405.29.6010, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Michael Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division