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NY I82873




June 24, 2002

CLA-2-94:RR:NC:2:227 I82873

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000; 9405.40.8000

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

RE: The tariff classification of electric lights from China.

Dear Ms. Santos:

In your letter dated June 4, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of two electric lights, referred to as the “Sparkle Lamp” and the “Blob Lamp” (item number 152819), that measure approximately 16 ¼ inches in overall height. Both lamps have a cone-shaped base, with a disk-shaped stand, that measures about 6 ¼ inches in height by 4 inches along its top diameter and houses a socket with an electric light bulb. The base has an open top for the insertion of a liquid-filled glass bottle, containing sparkles or blob/wax-like substance for the above-stated respective lamps, that measures nearly 10 inches high. Each bottle is capped with a cone-shaped top measuring around 3 inches long, while each base is affixed with an electrical light cord incorporating a rotary switch that when activated lights the glass container. The sparkle lamp has a plastic base and top, while the blob lamp has a metal base and top. When the interior of each lit container is sufficiently heated, the liquid and sparkles move and the blob/wax-like substance floats up and down.

The applicable subheading for the sparkle lamp will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings, other than of base metal. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the blob lamp will be 9405.40.6000, HTS, which provides for other electric lamps and lighting fittings: of base metal: other than of brass. The rate of duty will be 6 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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