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NY J82250




March 27, 2003

CLA-2-94:RR:NC:2:227 J82250

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

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

RE: The tariff classification of a lighted aquarium from China.

Dear Ms. Santos:

In your letter dated March 7, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a lighted cylinder-like plastic aquarium, referred to as the “Aqua Tube” (item number 233880), that measures approximately 14 ½ inches in height. It has a fitted electric light cord with a switch to activate an incorporated light bulb, an impeller, and a motor. It also features a transparent water-filled body containing plastic fish with a copper-plated paper background of a marine-like depiction. When the switch mechanism is activated, the fish will begin to move up and down, while the light emanates through the container.

The applicable subheading for the lighted Aqua Tube 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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