CLA-2-98:OT:RR:NC:1:110

Ms. Nikki Wilson
1100 Temple Street
Little Rock, AR 72202

RE: The tariff classification of a floor-standing lamp display from China.

Dear Ms. Wilson:

In your letter dated February 15, 2010, you requested a tariff classification ruling on behalf of your client, Cheyenne Industries.

The merchandise under consideration is a floor lamp display. A sample of the floor lamp display was provided with your ruling request and will be returned to you.

The submitted sample is the upper portion of a floor-standing lamp consisting of the upper nineteen inches of the lamp post, plastic shade and a gray painted metal mounting bracket. The item is for display purposes only and is not functional. This sample does not feature a lamp base, wiring or socket and is only suitable for soliciting orders of the genuine product. You submitted a photograph of the sample on display in a retail setting, mounted onto a shelf over complete floor-standing lamps in retail packaging with photographs of the authentic lamp.

The applicable subheading for the floor lamp display sample will be 9811.00.60, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Any sample (except samples covered by heading 9811.00.20 or 9811.00.40), valued not over $1 each, or marked, torn, perforated or otherwise treated so that it is unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries.” 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