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NY D81500




August 31, 1998

CLA-2-85:RR:NC:1: 112 D81500

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a "Nebula Ball" from Taiwan

Dear Ms. Bauman:

In your letter dated August 21, 1998, on behalf of Dillards, you requested a tariff classification ruling.

As indicated by the submitted sample and provided information, the "Nebula Ball", identified as style J-9026, consists of a glass ball which rests on a plastic base. The ball contains a mixture of gases, and the base contains a device that produces high frequency electromagnetic waves. These waves cause the gases to appear as colored streamers. In operation, these streamers respond to touch by moving in the direction of the hand, and they react to sound by moving in rhythmical and pulsating flashes of light.

The applicable subheading for the "Nebula Ball", style J-9026, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.9 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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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