CLA-2-94:OT:RR:NC:1:110

Ms. Dana Praeger
Lamplight Farms
4900 North Lilly Road
Menomonee Falls, WI 53051-7035

RE: The tariff classification of lamp parts and replacement wicks from China, Taiwan or Vietnam.

Dear Ms. Praeger:

In your letter dated October 5, 2007 you requested a tariff classification ruling.

The merchandise under consideration is two lamp burner assemblies and three replacement wicks. Samples of all five items were submitted with your ruling request and will be returned to you. The samples are identified as a lamp wick with metal burner assembly (item 31507), small round wick w/metal spring assembly (item M61430), lamp wicks (item 9996), outdoor wick w/metal clip (item R1433AN) and outdoor torch replacement wick (item 99751/230980).

The lamp wick with metal burner assembly (item 31507) is an oil lamp burner assembly, which is a screw on, top assembly constructed of steel with a brass-like finish. This assembly features four metal tabs designed to securely hold a hurricane style glass shade and a rotating mechanism for adjusting the wick.

The small round wick w/metal spring assembly (item M61430) is an insert assembly designed for AromaGlow® oil cartridges. This assembly consists of a round metal cap approximately ? of an inch in diameter and ? of an inch tall with a spring loaded smaller diameter metal shaft and wick mounded in the center. The device will be sealed and capped onto a fragranced oil cartridge.

The lamp wicks (item 9996) are flat woven cotton wicks measuring approximately ? of an inch wide by 8 inches long. The outdoor wick w/metal clip (item R1433AN) is a round braided wick comprised of cotton and fiberglass measuring approximately 8 inches long with a ? inch diameter. This wick has a small metal collar preventing the wick from unraveling. The wick is designed for the Ready 2 Light™ fuel canister used with outdoor torches. The outdoor torch replacement wick (item 99751/230980) is a round braided wick comprised of cotton and fiberglass measuring approximately 9 inches long with a ½ inch diameter. This wick is designed for the Tiki® torch bottle container for outdoor bamboo or metal torches.

The applicable subheading for the Lamp Burner Assembly with wick (item 31507) and the Lamp Metal Spring Assembly with wick (item M61430) will be 9405.99.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings...parts thereof not elsewhere specified or included: Parts: Other: Other.” The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the three replacement wicks (items 9996, R1433AN and 99751/230980) will be 5908.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like…whether or not impregnated.” The general rate of duty will be 3.4 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