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NY K83824




March 30, 2004
CLA-2-94:RR:NC:1:127 K83824

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000; 8504.40.9580; 4202.92.9026

Mr. Charles S. Parisi
Parisi Services, Inc.
Customs Brokerage and Freight Forwarding
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of a solar lamp, converter with plug kit, and textile carry case from China.

Dear Mr. Parisi:

In your letter dated February 25, 2004, on behalf of New Option Lighting, you requested a tariff classification ruling.

The subject merchandise, based on the submitted samples, is a plastic solar lamp, referred to as the “Everlite Solar LED Spotlight,” that measures about 7 ½ inches high. It has an adjustable round plastic LED spotlight that incorporates a posterior deactivating photocell and a tubular-shaped plastic stand. This lamp features an oblong-shaped plastic base, encasing the rechargeable batteries, that possesses a bottom for resting on a flat surface, as well as a loop-shaped attachment at one end for mounting onto a fence or wall. There is also an oblong-shaped plastic solar panel, measuring approximately 9 ¾ inches long by 5 ¼ inches wide, that has an adjustable U-shaped metal (non-brass) carrying handle/stand and an 15-foot electrical power cord for insertion into the back socket of the solar lamp. The reverse side of the solar panel is designed with tracks for the insertion of the lamp base. The lamp can easily be removed for standing and hanging when required and deactivated when folded downward. It is stated that when charged by means of the solar panel, the LED spotlight can operate as long as 12 hours, noting it can also be charged sans solar panel.

There is also the following separately retail-packed solar lamp accessories:

1) a 5 VDC converter with plug kit and 6-foot cord for charging other electronic devices from the LED spotlight. This converter is a direct current converter that converts direct current from one DC current to another DC current of a different voltage. In this instance, the 5 VDC converter with plug kit converts an imput of 3.6 VDC to an output of 5 VDC.

2) a nylon mesh carrying case which measures approximately 7 inches high by 10 ¾ inches wide by 2 ¾ inches deep. It features a one-sided mesh exterior for allowing the exposed solar panel to be recharged while traveling during the day. Moreover, there are two interior Velcro-closure flaps, two interior zippered pockets, and four exterior metal belt loops.

The applicable subheading for the solar LED spotlight 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.

The applicable subheading for the 5 VDC converter with plug kit will be 8504.40.9580, HTS, which provides for static converters: other, other. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the nylon mesh carrying case will be 4202.92.9026, HTS, which provides for other containers or cases of textile, with outer surface of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

Tariff number 4202.92.9026, HTS, falls within textile category designation 670. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

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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