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NY H82104




July 9, 2001

CLA-2-94:RR:NC:2:227 H82104

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Donna M. Dion
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a Halloween flashing light from China

Dear Ms. Dion:

In your letter dated June 1, 2001, received in this office on June 7, 2001, you requested a tariff classification ruling.

A sample of the "Poseable Twinkle Eyes," item number 653416, was submitted to this office. The article consists of a pair of battery-operated plastic blinking eyes affixed to a plastic base that houses two “AA” size batteries. The base has pegs protruding from the bottom, which are intended to stabilize the unit when placed inside a carved pumpkin. It is intended that the blinking eyes will provide light from within the carved pumpkin. Your sample is being returned as requested.

The applicable subheading for the "Poseable Twinkle Eyes," item number 653416, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings of other than base metal. 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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