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NY H83166




July 23, 2001

CLA-2-85:RR:NC:2:227 H83166

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Jim Marshall
Discovery Channel Retail
1608 Fourth Street
Berkeley, CA 94710

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

Dear Mr. Marshall:

In your letter dated June 27, 2001, you requested a tariff classification ruling.

The sample submitted is a portable battery-operated plastic light with a red-colored housing, known as the Light Wand, that measures about 6 ½ inches long. It has a built-in microprocessor which mixes red, green and blue LED’s to produce ranges of colored lighting effects through four color changing modes. Each time the button is depressed, it will produce a color-changing light through color washes, random color changes, a fixed color and strobe-like effect, respectively. There is also a textile lanyard affixed to the bottom metal loop for carrying.

Although the various lighting effects will attract attention and entertain, it nevertheless does not evoke the frivolous amusement of a toy.

The applicable subheading for the Light Wand will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function through their own source of energy. The rate of duty will be 3.5 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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