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NY K86923




June 22, 2004
CLA-2-94:RR:NC:1:108 K86923

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of decorative lighting from China.

Dear Mr. Stinson:

In your letter dated May 24, 2004, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is decorative lighting in the form of an illuminated snow blanket, item number 937306, that is referred to as the “Winter Glow Snow Cover.” It consists of a white-colored nonwoven translucent blanket-like article, simulating the snow-covered ground, that measures approximately 40 inches long by 12 inches wide and incorporates a light set of 40 micro light bulbs. It also has an electrical light cord with an adapter and a built-in push-button mechanism that activates the various speeds of blinking lights, as well as steady lights. It is designed to provide decorative lighting for village scenes, tabletops, and mantles.

You suggest that this merchandise is classified under 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articlesarticles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other: other. However, since this article does not depict a symbol of Christmas and is not limited for use during that holiday, consideration of classification under subheading 9505.10.2500, HTS, is precluded.

The applicable subheading for this decorative lighting 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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