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NY 809205




CLA-2-94:S:N:N3:227 809205

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.20.8010; 9405.40.8000; 6913.90.5000

Mr. Warren E. Coe
Amway Corporation
7575 East Fulton St.
Ada, Michigan 49355-0001

RE: The tariff classification of lamps from China and Taiwan and a switchplate from China.

Dear Mr. Coe:

In your letter dated April 13, 1995, you requested a tariff classification ruling.

The merchandise at issue, based on the photos submitted, consists of the following:
a) a ceramic table lamp, possessing at its base the scene of the "Cow Jumping Over the Moon," with a matching ceramic switchplate, item number F2525;
b) plastic motion sensor lights, item numbers C1992 and C2020, which are designed for attachment to the outside of the house;
c) plastic patio fish-shape lights, item number F3279, that is used to provide exterior lighting to the patio area;
d) a plastic musical globe-shape dream light, item number F2622, which is affixed to a plastic base. It is stated to have a light inside the globe that shines through various holes in the globe to form different patterns on the ceiling.

You state that the ceramic table lamp with matching switch- plate, item number F2525, should be properly classified as a set under subheading 9405.20.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric household table lamps, in noting the essential character of the set to be imparted by the table lamp. However, to be considered a "set for tariff purposes," the subject merchandise has to consist of articles put up together to meet a particular need or carry out a specific activity. Since the items comprising the instant set do not meet this criteron, consideration of classification as a "set for tariff purposes" under subheading 9405.20.8010, HTS, is precluded.

The applicable subheading for the ceramic table lamp, item number F2525, will be 9405.20.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric household table lamps. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the ceramic switchplate, item number F2525, will be 6913.90.5000, HTS, which provides for other ornamental ceramic articles. The duty rate will be 6.8 percent ad valorem.

The appropriate subheading for the plastic motion sensor lights, item numbers C1992 and C2020, and the plastic patio fish lights, item number F3279, will be 9405.40.8000, HTS, which provides for other electric lamps and lighting fittings, and dutiable at the rate of 3.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the plastic musical dream light, item number F2622. Your request for a classification ruling should include a representative sample of the article.

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
Area Director

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