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NY K82384




February 6, 2004
CLA-2-94:RR:NC:1:127 K82384

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

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

RE: The tariff classification of an electric light-display sculpture from China.

Dear Ms. Santos:

In your letter dated January 8, 2004, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a flag-shaped electric light display sculpture, item number 262677, that is referred to as an “Illuminated Flying Flag.” This light display measures approximately 19 inches long by 11 inches high and simulates a flying flag. It consists of a metal frame with securely affixed tubular-shaped plastic rope lighting. This rope lighting, which measures about 13 ½ feet long, is painted in red, blue, and clear colors and incorporates clear miniature light bulbs. This light display features an electrical-light cord, as well as two top metal loops for hanging. The applicable subheading for this electric light-display sculpture 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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