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NY H82040




June 25, 2001

CLA-2-94:RR:NC:2:227 H82040

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000

Mr. Eric Robillard
Poppy Industries
5255 Ferrier Street, Ste. 302
Montreal, Quebec H4P 1L7
Canada

RE: The tariff classification of electric lights from China.

Dear Mr. Robillard:

In your letter dated May 18, 2001, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, is referred to as the “Lite Motion Lamps (Lava Lamps).” Each light features an elongated metal (aluminum) cone-shaped housing, containing an electric socket with 25-Watt bulb, that is affixed to a base with flat bottom tapering upwards. This housing has an open top that is fitted with a liquid-filled vase-like glass container, possessing a wax-like substance, that is finished via the attachment of a dome-shaped metal (aluminum) cap. There is also an electrical light cord with a light switch mechanism that when activated lights the glass container. After a period of time when the interior of the container is sufficiently heated, the wax substance begins to melt, break up, and merge into each other while in motion.

The applicable subheading for these electric lights will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings: of base metal: other. The rate of duty will be 6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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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