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NY K84329




April 6, 2004
CLA-2-39:RR:NC:SP:221 K84329

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Clair Morhardt
UPS Supply Chain Solutions
150-20 132nd Avenue
Jamaica, NY 11434

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

Dear Ms. Morhardt:

In your letter dated March 17, 2004, on behalf of Ethical Products Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The aquarium ornament is composed of plastic and is shaped to resemble coral. It contains an electrical light. The lighting feature does not significantly light up the aquarium itself, but rather provides merely enough light to display the ornament. Thus the lighting feature is subordinate to the ornament itself. The ornament is of a type marketed and sold for household aquariums. As you requested, the sample will be returned.

The applicable subheading for the aquarium ornament will be 3924.90.5500, Harmonized Tariff Schedule of the United States, which provides for tableware, kitchenware, other household articles and toilet articles of plastics: other: other. The rate of duty will be 3.4 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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