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NY I84768




August 16, 2002

CLA-2-85:RR:NC:2:227 I84768

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Jack Kilmartin
Yamato Customs Brokers U.S.A., Inc.
377 Oyster Point Blvd., Suite 15
South San Francisco, CA 94080

RE: The tariff classification of a light wand from Taiwan

Dear Mr. Kilmartin:

In your letter dated July 25, 2002, on behalf of Sky Light Company, you requested a tariff classification ruling.

The sample submitted is a portable battery-operated plastic light wand, known as the Super Artificial Colors Sparkling Stick, part number 609-0148-00. It measures approximately 34 cm in length and 12.8 mm in diameter. The light wand has a built-in microprocessor that mixes colors to produce ranges of color lighting effects. The device can create 11 different colors and 14 different patterns. Although the various lighting effects will attract attention and entertain, the article does not evoke the frivolous amusement of a toy.

The applicable subheading for the Super Artificial Colors Sparkling Stick, part number 609-0148-00, 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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