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NY K87705




August 9, 2004
CLA-2-94:RR:NC:1:108 K87705

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Mr. Craig VerPault
Barthco International, Inc.
Maritime Center 1
2200 Broening Highway, Ste. 200
Baltimore, MD 21224

RE: The tariff classification of an electric flood lamp fixture from China.

Dear Mr. VerPault:

In your letter dated July 12, 2004, on behalf of CVS/pharmacy, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample, referred to as the “Tall Ground Staking Flood Lamp Holder” (item number 274222), is an electric flood lamp fixture. This fixture, which has a plastic body, measures approximately 17 ½ inches long with a top diameter of 2 ¾ inches. It is constructed with a lightweight ground stake onto which is affixed a cylindrical-shaped adjustable housing for the lamp-holder. It is noted that this lamp-holder is designed for the insertion of a floodlight bulb that is not included. This light fixture also features a power cord.

The applicable subheading for this flood lamp fixture 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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