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NY 810910




CLA-2-94:S:N:N3:227 810910

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

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

RE: The tariff classification of a plastic lamp from China. Dear Mr. Coe:

In your letter dated May 22, 1995, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic battery-operated musical lamp, known as the "Dream Light" (item number F2622), which consists of a plastic globe with various designs that are projected onto to the ceiling when the interior light is activated. This globe is inserted into a circular plastic framework which possesses two "on/off" switch mechanisms for activating the light and the music. It is stated that this lamp is normally located in the child's bedroom for use prior to going to bed.

You state that this merchandise should be properly classified under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. However, since a battery-operated lamp is an electrical article, consideration of classification under subheading 9405.50.4000, HTS, is precluded.

The applicable subheading for the plastic "Dream Light," item number F2622, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings. The rate of duty will be 3.9 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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