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NY D80011


July 27, 1998

CLA-2-94:RR:NC:2:227 D80011

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Mr. Ken Hashimoto

Expeditors Int'l. of Washington, Inc.

578 Eccles Ave.

So. San Francisco, CA 94080

RE: The tariff classification of night lights from Taiwan.

Dear Mr. Hashimoto:

In your letter dated July 1, 1998, on behalf of Long Drug Stores, you requested a tariff classification ruling.

The samples submitted are night lights which consist of ceramic lamp covers depicting a Santa face, a snowman face with holly and berries in hat band, a bear face with Santa hat and a Christmas tree that measure between 3 to 4 inches in height. These covers are fitted at their posterior with light modules that are designed to be inserted into wall receptacles.

You state that these items should be properly classified under subheading 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles for Christmas festivities since they are designed to be utilized during the holiday season. However, since these items are functional lamps which are not in the form of three-dimensional full-bodied representations of a holiday motif (noting bears and snowmen are not recognized symbols of Christmas), consideration of classification under the above subheading is precluded.

The applicable subheading for these night lights 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,


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