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NY L89313




December 21, 2005

CLA-2-85: RR: NC: 1:108 L89313

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Kim Maher
C Air
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Ms. Maher:

In your letter dated November 21, 2005 you requested a tariff classification ruling.

The item in question is a portable battery operated plastic novelty lamp that incorporates a separate handle (sample provided). The portable novelty lamp is in the form of an animal and when the on button is pressed the mouth opens, the beam of light is emitted and a prerecorded message is heard naming the represented character. HQ Ruling 967429 provides guidance in this matter. Classification will be accordingly.

The applicable subheading for the portable novelty lamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof; Lamps: Other. The rate of duty will be 3.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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