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NY B85532




May 30, 1997

CLA-2-94:RR:NC:2: 227 B85532

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

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

RE: The tariff classification of a lamp from China.

Dear Ms. Aldinger:

In your letter dated May 5, 1997, you requested a tariff classification ruling.

The sample submitted is a circular-shape battery-operated plastic lamp, item number 972140, which measures approximately 3 inches in diameter. It features 5 flashing mini lights situated along its front exterior and a lateral switch mechanism for activating the lights. It is noted that this light is designed to be inserted into a carved pumpkin for illumination purposes.

The applicable subheading for this plastic lamp, item number 972140, 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 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,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity

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