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NY K86530




June 21, 2004
CLA-2-85:RR:NC:N1:112 K86530

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Lorraine Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The Tariff Classification of a “7-inch Disco Fever Plasma Ball” from China

Dear Ms. Aldinger:

In your letter dated May 24, 2004, you requested a tariff classification.

The “7-inch Disco Fever Plasma Ball”, sample submitted, consists of a glass globe that measures approximately 11 inches in height and 7 inches in diameter mounted on a black plastic pedestal that measures approximately 4 inches in height and 5 inches in diameter and has an electrical connection. The item works by positioning the globe close to a stereo system or its speakers. By playing music, the “7-inch Disco Fever Plasma Ball” will respond to the sounds by creating a “electrical pattern effect” inside the glass globe.

The applicable subheading for the “7-inch Disco Fever Plasma Ball” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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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