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NY R02401




August 30, 2005

CLA-2-94:RR:NC:1:108 R02401

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.8010

Mr. Heidar Nuristani
Central Purchasing, LLC
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of a wall-mounted emergency lamp from China.

Dear Mr. Nuristani:

In your letter dated August 9, 2005, you requested a tariff classification ruling.

The subject merchandise is a wall-mounted emergency lamp of plastics, item number 92159, that is stated to measure 7 inches long by 5 ¾ inches high by 2 ¾ inches wide and that is designed for interior-household use. It has two adjustable-matching spotlights, situated near the top of the rectangular-shaped battery housing, with each enclosing a 10-watt high-intensity halogen light bulb. This lamp also features the following: a sealed lead-acid battery; a removable power adapter for charging the battery; an LED indicator; two posterior keyholes for mounting; and a lateral test switch. Further, it is imported in a retail-packed condition with the screws and instructions for wall-mounting installation. It is stated that the during a power failure this emergency lamp can be set for either one light or two lights to be activated for two hours or one hour, respectively. When the power returns, this emergency lamp automatically recharges via the power adapter. During normal power conditions, the recharged lamp with the light switch properly set is activated when unplugged.

The applicable subheading for this wall-mounted household-emergency lamp will be 9405.10.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for Lamps and lighting fittingsnot elsewhere specified or includedChandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Other than of base metal: Household. 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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