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NY K82956




March 1, 2004
CLA-2-94:RR:NC:1:127 K82956

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000

Ms. Pilar Dorfman
E. Besler and Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a solar lamp and bird feeder combination from China.

Dear Ms. Dorfman:

In your letter received in this office on February 6, 2004, on behalf of LTD Commodities, LLC, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a composite article, consisting of a solar-powered outdoor lamp and bird feeder, that measures approximately 10 ½ inches in overall height. It features an iron top with a removable disk-shaped section that incorporates the following: three solar-cell panels with a nickel-cadmium battery (charged during the daylight); a conical-shaped iron finial with chain and hook for hanging; and a bottom LED lamp within a cylinder-shaped plastic housing (activated in the evening). Beneath its metal top, there is an oblong-shaped clear-plastic body, possessing an iron framework, that is securely affixed atop a round-shaped iron base. This base has the following features: a top opening with a built-in convex-like receptacle for containing the bird feed; six bird feeder ports; and an outer concave-like receptacle, all designed for accessing the bird feed which is inserted by removing its metal top section.

Since there is no one component that imparts the essential character of this composite article, the subject merchandise will be classified based on General Rule of Interpretation 3 © under the subheading (9405.40.6000, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the solar lamp and bird feeder combination will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings: of base metal: other than of brass. The rate of duty will be 6 percent ad valorem.

In regard to your query on quota restrictions, there is currently no quota or visa restriction with respect to this merchandise.

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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