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NY L80352

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October 27, 2004

CLA-2-85: RR: NC: 1:108 L80352

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.40

Ms. Lorianne Aldinger
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a light stick from China.

Dear Ms. Aldinger:

In your letter dated October 14, 2004 you requested a tariff classification ruling.

The item in question is a light stick denoted as model number 938027 (sample provided). It is a hand held battery operated light stick which when activated emits a steady stream of colored light. It is designed for use at parties, concerts or discos. It has an additional feature of emitting a flashing light.

The applicable subheading for the light stick will be 8513.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Lamps: Other. The rate of duty will be 3.5 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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See also:

• Tariff No.: 8513.10.40 - Portable electric lamps designed to function by their own source of energy, other than flashlights