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NY D89578




April 5, 1999

CLA-2-85:RR:NC:1:112 D89578

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Yolanda S. Massey
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of a Lighted Sculpture Arbor from China

Dear Ms. Massey:

In your letter dated March 17, 1999 you requested a tariff classification ruling.

As indicated by the submitted sample, the Lighted Sculpture Arbor, identified as #288658, is a battery operated device that consists of a miniature metal arbor with light emitting diodes interwoven in the latticework of the arbor. It is used for ornamental and decorative purposes.

The applicable subheading for the Lighted Sculpture Arbor, item #288658, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus, Â, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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