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NY L80898




November 22, 2004

CLA-2-94: RR: NC: 1:108 L80898

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a solar powered lamp from China.

Dear Ms. Marcoux:

In your letter dated November 12, 2004 you requested a tariff classification ruling.

The item in question is a solar powered garden lamp denoted as model number 27710. It is very similar in style, composition, size and operation to that solar powered lamp of NY Ruling L80274. Classification will be accordingly.

The applicable subheading for the solar powered lamp, model 27710 will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical 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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