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NY B85785




June 10, 1997

CLA-2-94:RR:NC:2: 227 B85785

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Mr. Jack D. Moon
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

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

Dear Mr. Moon:

In your letter dated May 14, 1997, on behalf of Superwares, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic circular-shape battery-operated night lamp which measures approximately 5 1/2 inches in diameter. It features a translucent exterior which depicts a large star-shape figure surrounded by other diminutive astral-shape cutouts that simulate a celestial atmosphere. It is noted that this lamp, which is designed to be situated in one specific locale, is activated via pressing down on its external surface. The applicable subheading for this plastic night lamp 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.

Since tariff number 9405.40.8000, HTS, does not fall within any textile category designation, this merchandise is subject to neither quota nor visa restrictions based upon international textile trade agreements.

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

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