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NY I84721




August 12, 2002

CLA-2-94:RR:NC:2:227 I84721

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

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

RE: The tariff classification of a bubble light from China.

Dear Ms. Santos:

In your letter dated July 23, 2002, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted, known as the Sea-View Litetyme Fish Tank, is a pyramidal-shaped electric bubble light of plastic, item number 187346, that measures approximately 18 inches in height. It consists of a clear plastic container, which is designed to hold water, with a removable green-colored plastic top. It possesses a plastic base, measuring about 2 ¾ inches in height by 4 ½ inches in width by 4 ½ inches in depth, that incorporates a pump mechanism and light bulb, in addition to a small socket for the insertion of the electrical light cord with adapter. It also features several small plastic fish that are inserted into the liquid-filled container. When the pump and light mechanism is activated, the fish will begin to move, while the light emanates through the bubbling water of the container.

The applicable subheading for the electric bubble light of plastic 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.

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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