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NY H89323




March 29, 2002

CLA-2-94:RR:NC:2:227 H89323

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 electric lights from China.

Dear Ms. Dorfman:

In your letter dated February 28, 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 light in the form of a round-shaped three-dimensional stepping stone, item number 051-5LSR, that is composed of hand-painted cold-cast ceramic. It measures approximately 12 inches in diameter by 1 ½ inches in height with a raised top exterior depicting a foliage and butterfly motif and an interior containing a light bulb. It also features two 38-inch electric light cords with each affixed to one side of the stone. One light cord is designed to be plugged into an outlet, thereby lighting the above motifs, and the other light cord is dedicated to serve as an outlet for connecting and lighting another stepping stone. It is indicated that a similarly constructed light with a hummingbird motif will also be imported in noting that these subject lights are stated to be used for illuminating the pathway, garden, or porch.

The applicable subheading for these electric lights 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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