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NY L82430




February 9, 2005

CLA-2-71:RR:NC:SP:233 L82430

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.7500

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a Lightastic Creative Light System Funky Flashing Necklace from China.

Dear Mr. Maher:

In your letter dated February 1, 2005, on behalf of RoseaArt Industries, you requested a tariff classification ruling.

The submitted sample is identified as #5632 Lightastic Creative Light System Funky Flashing Necklace. It is composed of a metal necklace, one light up plastic charm, and two clip-on non-light plastic charms. Two lithium batteries which are included power the light up charm. The charm is motion activated and flashes when the wearer moves. The necklace is for ages 6 & up. You have also submitted a cost breakdown which indicates the cost of the necklace is over 20 cents per dozen pieces or parts.

The Lightastic Creative Light System Funky Flashing Necklace is a composite article. The essential character is imparted by the plastic charms.

Your sample is being returned as requested.

The applicable subheading for the Lightastic Creative Light System Funky Flashing Necklace will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be Free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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