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NY E89980




December 16, 1999

CLA-2-85:RR:NC:2:227 E89980

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Julie Kimball
Paper Magic Group
100 N. 6th St., Ste. 899C
Minneapolis, MN 55403

RE: The tariff classification of a night light from China.

Dear Ms. Kimball:

In your letter dated November 12, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a battery-operated cylindrical-shaped hand-held night light of plastic, known as the See-Curity Nightstick (item number 653314), that measures approximately 8 7/8 inches long. It features a green-colored top and a red-colored bottom portion with a slide-switch mechanism, situated near its midsection, that activates the light in suffusing its top portion. It is designed to be utilized for safety purposes while engaging in various nighttime activities.

The applicable subheading for the See-Curity Nightstick will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 3.5 percent ad valorem in noting the rate of duty will remain the same commencing in January of 2000.

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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