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NY 807855




CLA-2-85:S:N:N3:227 807855

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Jerome Berger
Circle International, Inc.
One World Trade Center Suite 3973
New York, NY 10048-0267

RE: The tariff classification of a lamp from China.

Dear Mr. Berger:

In your letter dated March 9, 1995, on behalf of Sunhill Industries, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a white plastic, oblong-shape lamp, known as the "Shadow Maker Playlight," (stock number C473) which measures about 6 inches long. It possesses a bulbar-shape head portion that depicts the happy face of a ghost, in addition to a top circular piece of film of a ghost-like figure. It is noted that the light consists of a special non focused krypton bulb, activated by pressing on a side button, which illuminates the head portion as well as projecting the ghost image, imprinted on the film, onto the walls and floors.

It is stated that this article, which will be imported fully packaged but not assembled, is intended to be used as a light for Halloween night fun and not as a flashlight. Since this lamp does not project a beam of light, this office agrees that the subject merchandise does not function as a flashlight although it stills illumines a darkened area.

The applicable subheading for this lamp, known as the "Shadow Maker Playlight," will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 6.2 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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