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NY I89469




December 24, 2002

CLA-2-95:RR:NC:SP:225 I89469

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695; 9505.90.6000

Mr. Dennis Shostak
The Paper Magic Group, Inc.
100 North Sixth Street, Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of “plasma lights”, a sound box and a “Lighting F/X” box from China.

Dear Mr. Shostak:

In your letter dated December 13, 2002, you requested a tariff classification ruling.

You submitted the following samples:

Item #6546560, ghost “plasma light”, consists of a glass ghost that measures approximately 10 inches in height and 3-1/4 inches in diameter mounted on a black plastic pedestal that measures approximately 5-1/4 inches in height and 8 inches in diameter and has an electrical connection. When the unit is plugged in via an adapter, electrical lights create a “dancing” effect inside the ghost. The ghost is also interactive, so that by pressing fingertips against the glass the user can “control” or alter the electrical pattern. The item is intended as a decorative article to create a scary environment for the Halloween holiday.

Item #6546570, skull “plasma light”, consists of a glass skull that measures approximately 7 inches in height and 4-1/2 inches in diameter mounted on a black plastic pedestal that measures approximately 5-1/4 inches in height and 8 inches in diameter and has an electrical connection. When the unit is plugged in via an adapter, electrical lights create a “dancing” effect inside the skull. The skull is also interactive, so that by pressing fingertips against the glass the user can “control” or alter the electrical pattern. The item is intended as a decorative article to create a scary environment for the Halloween holiday.

Item #6546710, bat “plasma light”, consists of a glass globe that measures approximately 8 inches in height and 4-1/2 inches in diameter mounted on a black plastic pedestal that measures approximately 5-1/4 inches in height and 8 inches in diameter and has an electrical connection. Inside the glass dome is a bat that measures approximately 2 inches in height and 4 inches across (from wing-to-wing) and serves as an electrical conductor. When the unit is plugged in via an adapter, electrical lights create a “dancing” effect inside the glass globe. The glass globe is also interactive, so that by pressing fingertips against the glass the user can “control” or alter the electrical pattern. The item is intended as a decorative article to create a scary environment for the Halloween holiday.

Item #6542780, battery-operated 5.5 inch sound box, is a battery operated sound box that measures approximately 5-1/2 inches in height x 2 inches in width x 6-1/4 inches in length that produces eight sound effects by pressing various buttons located on top. It is capable of playing continuously or the user can utilize a built-in timer function that can turn off after 30 or 60 minutes.

Item #6542580, “Lighting F/X” box, is a box that measures approximately 3 inches in height x 5 inches in width x 5-1/2 inches in length and creates lighting effects. The item works by positioning the box close to a stereo or its speakers and plugging a lamp into the connection on the back of the box. By playing an accompanying “Spooky Sounds” CD, or your favorite music, the lights will respond to the sounds by flickering and dimming.

The applicable subheading for Item #6542780, Battery-operated 5.5 inch sound box, and Item #6542580, “Lighting F/X” box, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem, and remain the same in 2003.

The applicable subheading for the Item #6546560, ghost “plasma light”, Item #6546570, skull “plasma light”, and Item #6546710, bat “plasma light”, will be 9505.90.6000, HTS, which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be free.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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