The tariff classification of a table lamp from China.

N145715 February 23, 2011 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.20.8010 Ms. Pamela Charlene Berry Marisol International 871 Ridgeway Loop, Suite 203 Memphis, TN 38120 RE: The tariff classification of a table lamp from China. Dear Ms. Berry: In your letter dated January 26, 2011, you requested a tariff classification ruling on behalf of your client, Midwest CBK. The merchandise under consideration is a table lamp described as the Striped Shimmer Finial, item number 050194. A sample was submitted to our office with your ruling request and will be returned to you. The Striped Shimmer Finial lamp is made of acrylic and plastic and measures approximately 11½ inches high by 4 inches in diameter at its widest points. It is shaped to resemble a decorative finial, and is made of clear acrylic decorated with red, purple, blue, and green stripes and filled with a glitter liquid suspension. This lamp features a cylindrical plastic base with a flat bottom for placement on a table, desk, or similar flat surface. Within the base of the lamp is a C-7 size filament lamp (light bulb) which illuminates the lamp when switched on. The lamp connects to power by means of a 6-foot electrical cord at the end of which is a two-prong polarized plug. A snap action in-line switch connected to the cord, near the lamp, turns the lamp on and off. In your ruling request you suggest classification of the Striped Shimmer Finial table lamp in 9817.95.05, Harmonized Tariff Schedule of the United States (HTSUS), which provides for utilitarian articles classified in subheading 9405.20, 9405.40, or 9405.50, in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States. However, although this lamp is marketed in the “Christmas Wonder Lights” section of the importer’s catalog, the Striped Shimmer Finial is not a recognized festive motif, nor is it decorated with a recognized festive symbol. This article, therefore, is not limited to holiday use, and not classified as a festive article. The applicable subheading for the Striped Shimmer Finial table lamp, item number 050194, will be 9405.20.8010, HTSUS, which provides for “Lamps and lighting fittings…: Electric table, desk, bedside or floor-standing lamps: Other: Household.” The general rate of duty will be 3.9 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