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NY I82298




June 14, 2002

CLA-2-85:RR:NC:2:227 I82298

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Darlene D. Jones
Schenker, Inc.
1300 Diamond Springs Road
Virginia Beach, VA 23455

RE: The tariff classification of a novelty lamp from Hong Kong

Dear Ms. Jones:

In your letter dated May 20, 2002, on behalf of The Little Tykes Company, you requested a tariff classification ruling.

The sample submitted is a plastic battery operated novelty lamp. The lamp is in the shape of a hippopotamus with a built in carrying handle. It measures approximately 8 ½ inches in length and 6 inches in height. When the on switch is pressed, simultaneously, the jaw of the animal shaped lamp opens, the light goes on and, electronically, the animal roars. The item is a functioning lamp that for tariff purposes is not a toy.

The applicable subheading for novelty lamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy other than flashlights. 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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