The tariff classification of hurricane lamps from China.

NY E87492 October 21, 1999 CLA-2-94:RR:NC:2:227 E87492 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Mr. Joseph R. Hoffacker Barthco Trade Consultants, Inc. 7575 Holstein Avenue Philadelphia, PA 19153 RE: The tariff classification of hurricane lamps from China. Dear Mr. Hoffacker: In your letter dated September 21, 1999, on behalf of Consolidated Stores, you requested a tariff classification ruling. Sample is being returned as requested. The sample submitted is a hurricane kerosene lantern, item number SP-95428, which measures approximately 12 inches in height. It features a metal framework with a pear-shaped glass globe that is positioned between the hood and base. The base possesses an opening for storing the kerosene that is secured by a screw-in cap, while the globe contains the wick that can be adjusted by a valve-like mechanism situated on the base adjacent to the cap-like closure. Further, it has a top looped metal handle for carrying and hanging purposes. You request that this merchandise be reviewed for classification under subheading 9405.50.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electrical lamps and lighting fittings: incandescent lamps designed to be operated by propane or other gas, or by compressed air and kerosene or gasoline. Since the subject article is designed to function by only kerosene, consideration of classification under the above-stated subheading is precluded. In regard to your query concerning the type of lamps included within subheading 9405.50.2000, HTS, it should be noted, as stated within that provision, that only those non-electric lamps designed to be operated by propane or other gas, or both by compressed air and kerosene or gasoline, would be eligible for classification within subheading 9405.50.2000, HTS. The applicable subheading for the hurricane kerosene lantern, item number SP-95428, 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. 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 George Kalkines at 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division