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NY I82569




June 14, 2002

CLA-2-94:RR:NC:2:227 I82569

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Cheryl Santos
CVS/ Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a fright night set from China

Dear Ms. Santos:

In your letter dated May 23, 2002, you requested a tariff classification ruling. The submitted sample will be returned as requested.

The article in question, item 186317, is identified as “Pumpkin Masters Kid’s Fright Lights”. The item is composed of three fright light patterns, 50 pegs, 1 wooden mallet and a battery-operated lamp. The item is used by placing one of the patterns (Glowing Gus, Bright Eyes or Sparkling Spider) onto a pumpkin. Following the pattern chosen, the colored pegs are hammered into the pumpkin with the mallet. The battery-operated lamp is then placed into the center of the pumpkin to illuminate the pegs.

As no one item of the set imparts the essential character, classification will be determined under GRI 3 ©, the heading that occurs last in the tariff.

The applicable subheading for the fright night set, item 186317, 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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