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

Mr. Derick Dai
CYS Excel, Inc.
15600 Salt Lake Avenue
City of Industry, CA 91745

RE: The tariff classification of glass chimneys from China.

Dear Mr. Dai:

In your letter received March 9, 2011, you requested a tariff classification ruling.

The merchandise under consideration is described as the Hurricane Globes/Shades, Item Numbers GCH004 and GCH007. Samples were submitted with your ruling request and will be returned to you.

Items GCH004 and GCH007 are identical except for their dimensions. They are cylinder-shaped hurricane-style glass tubes or chimneys, which are open at both ends, designed to be placed over a burning candle, protecting the candle flame from disturbances while permitting it to illuminate the surrounding area. Item GCH004 measures approximately 9½ inches high by 3? inches in diameter while item GCH007 measures approximately 9½ inches high by 4 inches in diameter; each can accommodate a standard pillar-style candle.

The applicable subheading for the Hurricane Globe/Shades, Item Numbers GCH004 and GCH007, will be 9405.91.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…and parts thereof…: Parts: Of glass: Chimneys.” The general rate of duty will be 7.5 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