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NY L83074




March 4, 2005

CLA-2-85:RR:NC:1:108 L83074

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of a portable electric candle from China.

Dear Mr. Williams:

In your letter dated February 18, 2005, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a battery-operated cylindrical candle-shaped plastic lamp, style number CI017, which is referred to as the “Light-up Safety Candle.” It measures approximately 3 ¼ inches in height by 1 ½ inches in diameter and has a flame-shaped top that is lit by a bottom switch mechanism. This article, which is advertised for use as a safety light in a Jack-O’-Lantern, is similarly constructed to the merchandise that is considered to be portable electric lamps.

The applicable subheading for this portable electric candle will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Portable electric lamps designed to function by their own source of energyLamps: Other than flashlights. 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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