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NY D83035




November 10, 1998

CLA-2-94:RR:NC:2:227 D83035

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.30.00

Ms. Lisa Peterman
The A.W. Fenton Company, Inc.
P.O. Box 360614
Columbus, OH 43236-0614

RE: The tariff classification of a Christmas tree light set from China.

Dear Ms. Peterman:

In your letter received in this office on September 29, 1998, on behalf of Consolidated Stores Corp., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a Christmas tree light set, item number 6921, which measures approximately 7 1/2 feet long and consists of an electrical wire harness possessing 20 sockets containing miniature flashing light bulbs, in addition to 20 mini plastic Santa add-ons.

You state, in reference to Primal Lite, Inc., v. U.S. , that the subject merchandise should be properly classified under subheading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings. This claim is supported in noting that the instant light set is not "of a kind used for" Christmas trees since it is advertised for use over doorways, windows, and on shrubs. However, it has been determined that this light set, which can be used as advertised, is "of the kind" that will be used for Christmas trees, thereby precluding consideration of classification under the above subheading.

The applicable subheading for this Christmas tree light set will be 9405.30.00, Harmonized Tariff Schedule of the United States (HTS), which provides for lighting sets of a kind used for Christmas trees. The rate of duty will be 8 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,

Robert B. Swierupski
Director,

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