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NY R01111




December 22, 2004

CLA-2-90:RR:NC:MM:114 R01111

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.10.0000

Mr. Troy D. Crago
Import Specialist
Atico International, USA
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of Flashing Glasses from China

Dear Mr. Crago:

In your letter dated November 29, 2004, you requested a tariff classification ruling on sunglasses from China. A picture of the sunglasses was submitted with the ruling request.

Item number W079AA03101 for which you are requesting a ruling is identified as Flashing Glasses. The Flashing Glasses feature a translucent frame and tinted lenses. You have stated in your letter that the Flashing Glasses are available in yellow, green, pink and blue. The Flashing Glasses use two AA batteries. The batteries are included. The Flashing Glasses with batteries are classified as one article. The batteries are not classified separately. You have asked what instances would require batteries to be listed separately. Questions regarding classification of the article that you are importing should be addressed to the National Import Specialist classifying the article.

The National Import Specialist for articles classifiable in Chapter 95 has stated that the Flashing Glasses are not associated with any specific holiday. Therefore, the Flashing Glasses are not classifiable in Chapter 95 as a festive article. The Flashing Glasses are functional sunglasses classifiable in Chapter 90 as sunglasses.

You have also asked for additional information. There are no quota restrictions or visa requirements for the sunglasses. Anti-dumping or countervailing duties are not applicable for this merchandise.

The applicable subheading for the Flashing Glasses will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; sunglasses. The rate of duty will be 2 percent as 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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