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NY E87447




October 12, 1999

CLA-2-94:RR:NC:2:227 E87447

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Michele Smith
Sears, Roebuck and Co.
3333 Beverly Rd., BC 172A-A
Hoffman Estates, IL 60179

RE: The tariff classification of electric lamps from China.

Dear Ms. Smith:

In your letter dated September 15, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a small battery-operated plastic lamp, stock number 93051, which measures approximately 2 inches long by 1 ½ inches at its widest point by 1 ½ inches deep. It consists of a plastic housing with a midsectional opening and metal collet as well as two bright amber-colored lights with an on/off switch mechanism. It is designed to be affixed and secured on specific screwdrivers as an accessory for lighting purposes.

You claim that this merchandise is properly classified under subheading 9405.60.6000, Harmonized Tariff schedule of the United States (HTS), which provides for illuminated signs, illuminated nameplates and the like, other. However, since the instant lamp is neither similar to illuminated signs nor nameplates, consideration of classification under the above subheading is precluded.

The applicable subheading for this electrical lamp will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings, other. 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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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