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NY H87337




February 25, 2002

CLA-2-94:RR:NC:2:227 H87337

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of an electric night light from China.

Dear Ms. Aldinger:

In your letter dated January 25, 2002, you requested a tariff classification ruling.

The sample submitted is an electric night light known as the Bubble Night Light (item # 999466). The item is available in six styles identified as skull, witch, pumpkin, bat, spider and ghost each with the wording “Boo”. The item features an electric plug-in fixture with an on/off switch and a bubbling decorative orange or purple colored bulb. You indicate it is intended for use as a decorative night light and that it will be marketed through your Halloween 2002 Program. The plug-in fixture imparts the essential character of the article

The applicable subheading for the electric night light 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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