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NY A81903



April 23, 1996

CLA-2-94:RR:NC:GI: 227 A81903

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Mr. Michael Rosbach
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a night light from China.

Dear Mr. Rosbach:

In your letter dated March 21, 1996, you requested a tariff classification ruling.

The sample submitted is a plastic night light, known as the "Halloween Mini Night Light" (item number 962608), which measures about 4 1/4 inches high. It consists of a pumpkin-like rotary shade secured to a small lamp fixture, possessing a 4 watt bulb, that is designed to be inserted into a wall receptacle. It is noted that the light is activated by an on/off switch mechanism located at the base of the unit.

The applicable subheading for the "Halloween Mini Night Light," item number 962608, 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director, National Commodity
Specialist Division

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