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NY H87987




February 12, 2002

CLA-2-94:RR:NC:2:227 H87987

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Pilar Dorfman
E. Besler & Company
Customs Broker
P.O. Box 66361
Chicago, IL 60666-0361

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

Dear Ms. Dorfman:

In your letter dated January 18, 2002, on behalf of LTD Commodities, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is an electric garden light, referred to as the “YQZ-Dragonfly Light Stone” (item number 138832), that depicts a hand-painted cold-cast garden stone measuring approximately 8 ½ inches in height by 10 inches in width by 5 ¼ inches in depth. The stone is decorated with two plastic dragonflies among green grass. The flies and area around the grass is lit via an electric light cord that possesses an on/off switch, as well as a 5-watt light bulb inserted into the bottom opening of the stone.

The applicable subheading for this electric 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.

In regard to your query concerning import restrictions, there is currently no visa or quota requirement with respect to this merchandise.

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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