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NY 810269





CLA-2-85:S:N:N3:227 810269

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a plastic lantern from China.

Dear Ms. Aldinger:

In your letter dated April 20, 1995, you requested a tariff classification ruling.

The sample submitted is a portable plastic, battery-operated Halloween-like lantern, known as the "Fright Night Light" (item number 94848), which measures approximately 6 inches high and possesses a "Jack-O'-Lantern" that is illuminated by means of an on/off switch mechanism located at its base. It has a top metal carrying handle as well as a small top metal ring for hanging purposes.

The applicable subheading for the "Fright Night Light," item number 94848, 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
Area Director

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