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NY L83284




March 18, 2005

CLA-2-94:RR:NC:1:108 L83284

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.99.4000

Mr. Richard T. Casey
Acuity Lighting Group, Inc.
One Lithonia Way
Conyers, GA 30012-3908

RE: The tariff classification of metal parts for illuminating signs from China.

Dear Mr. Casey:

In your letter dated March 7, 2005, you requested a tariff classification ruling.

The subject merchandise, based on the information and samples submitted, consist of the following aluminum parts for illuminating EXIT signs: a canopy (part number EMDCD0SCW1), a faceplate (part number EMDHD00875), a back stencil (part number EMDHD00864), and a back blank (part number EMDHD00976).

You state that since the canopy and back blank may not be immediately identifiable as parts for the EXIT signs, these items may be classified under subheading 7616.99.50, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of aluminum: Other: Other. However, it has been determined that all of the subject components are designed as parts for illuminating EXIT signs, which will incorporate battery-operated LED lights, thereby precluding consideration of classification under subheading 7616.99.50, HTS.

The applicable subheading for these aluminum parts of illuminating EXIT signs will be 9405.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lamps and lighting fittingsilluminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Parts: Other: Other. The rate of duty will be 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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