CLA-2-94:RR:NC:1:108 K87474
Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606
RE: The tariff classification of oil lamp sets from China.
Dear Mr. Gat:
In your letter dated June 22, 2004, you requested a tariff classification ruling.
The subject merchandise, based on the submitted samples, is two sets of iron racks that contain decorative oil-filled glass lamps in the form of ball-shaped bottles (known as the Strauss Bottles). Each rack, measuring approximately 18 ½ inches in height, has a pole-shaped metal stand with a disk-shaped metal base. Moreover, there are six loop-shaped metal holders, which are permanently affixed to the stand in a spiral manner, that contain six oil-filled lamps measuring about 4 ½ inches high.
The oil-filled lamps of one set, referred to as the “Traditional Holiday Set” (item number LMP-208478A), is stated to contain the following: red-colored wormwood grass with white plastic pebbles; an artificial berry branch with leaves and natural salt; a natural white shear leaf with red glass marbles; an artificial berry branch with green glass marbles and white plastic pebbles; artificial pine needles with clear glass bits; and white-colored natural wormwood grass with red glass marbles, respectively. The oil-filled lamps of the other set, referred to as the “Natural Holiday Set” (item number LMP-208478B), is stated to contain the following: natural leaves with stone pebbles; natural cattails with green sand; orange-colored natural straw flowers on stem with black plastic pebbles; artificial green hydrangeas with clear glass marbles; natural bell flowers with stems attached and stone pebbles; and a natural cinnamon stick with a natural brown shear leaf and green sand, respectively.
Each lamp has a screw-on cap that when removed is designed to accommodate a fiberglass wick inserted into a small cylindrical cap-like metal receptacle. Each set has six wicks with receptacles that are packed in a small textile net bag attached to the loop-shaped top portion of the iron rack.
At the time of importation, each lamp set is put up in a manner that is suitable for sale directly to users without repacking. The essential character of these sets has been found to be imparted by the oil-filled glass lamps.
The applicable subheading for these lamp sets will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.
The importation of merchandise, containing natural foliage and flowers as in the above-described products, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-599
In regard to the lamp oil, this merchandise may also be subject to the requirements of the Toxic Substances Control Act administered by the U.S Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, phone number (202) 554-1404.
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 Michael Contino at 646-733-3014.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division