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NY J89992




October 30, 2003

CLA-2-85:RR:NC:1:127 J89992

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Darlene D. Jones
Schenker, Inc.
1300 Diamond Springs Rd., Ste. 300
Virginia Beach, VA 23455

RE: The tariff classification of portable novelty lamps from China.

Dear Ms. Jones:

In your letter dated October 3, 2003, on behalf of The Little Tikes Company, you requested a tariff classification ruling.

The submitted samples are portable battery-operated plastic novelty Halloween lamps, advertised as the Scream BeamsTM Flashlights, that measure approximately 6 ¾ inches in height. One lamp is a three-dimensional depiction of a comical skeleton-like figure, and the other lamp is a three-dimensional depiction of a comical vampire-like figure. Each lamp has a built-in posterior handle with a trigger-like mechanism that when depressed raises the mouth, incorporating a lamp and an audio unit, to emit a beam of light and sound a frightful laugh. When the handle is depressed again, the mouth closes to turn off the light, noting these lamps also have an auto-shutoff feature.

The applicable subheading for these portable plastic novelty lamps will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. 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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