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NY D84740




December 1, 1998

CLA-2-94:RR:NC:2:227 D84740

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Lauren E. Hong
The Disney Store, Inc.
101 No. Brand Blvd., Ste. 1000
Glendale, CA 91203-2671

RE: The tariff classification of a novelty lamp from China.

Dear Ms. Hong:

In your letter dated November 9, 1998, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic novelty-type lamp, known as the Heimlich Talking Lamp, which measures approximately 6 inches high with a base diameter of 6 1/4 inches. It depicts two mushroom-shaped figures containing bulbs and a caterpillar-shaped figure named Heimlich, all securely affixed onto its circular-shaped base. It possesses two button-like mechanisms: the smaller one, when pressed, activates the talking caterpillar while turning on the light for several minutes; and the larger one, when depressed, is utilized to deactivate both the light and caterpillar before they turn off automatically. It is noted that that when the bottom light is switched from "play" to "try me," the light immediately ceases after the caterpillar talks.

It is requested that the subject lamp, which is claimed to provide more amusement than functional lighting, should be classified under subheading 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models. Although the lamp's motif is quite charming, it has been determined that the instant novelty lamp is principally designed to have a serious utilitarian function, thereby precluding consideration of classification as a "toy" under the above-stated subheading.

The applicable subheading for this novelty-type 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.

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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