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NY I86883




October 11, 2002

CLA-2-85:RR:NC:2:227 I86883

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Stephen W. Marlow
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

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

Dear Mr. Marlow:

In your letter dated September 24, 2002, on behalf of Battat Inc., you requested a tariff classification ruling. The sample will be returned as you requested.

The sample submitted, identified as lantern product code 4908, is a plastic battery operated lantern made for a child age 3 years and older. The article is in the shape of a kerosene lantern with a built in carrying handle located at the top of the unit. It measures approximately 6 ½ inches in height and 3 1/2 inches in diameter. The item is a functioning lantern that for tariff purposes is not a toy.

The applicable subheading for the above lantern 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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