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NY M81771




April 6, 2006

CLA-2-85:RR:NC:1:108 M81771

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

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

Dear Ms. Aldinger:

In your letter dated March 20, 2006, you requested a tariff classification ruling.

The submitted sample is a black and orange-colored battery-operated plastic novelty lamp, item number 944901, which is referred to as the “Fright Light Projector with Sound and Flash Light.” This lamp, measuring approximately 8 ½ inches in length, features a frontal light bulb with reflector and lens, which is surrounded by an exterior rectangular-like frame. This lamp, which has a built-in speaker, incorporates a separate top handle with a main on/off button-like switch, as well as bilaterally located light/sound button-like activators, which number four on each side. When the main switch is first depressed, the user can then activate any one of the bilateral buttons for emitting a spotlight while producing a frightful sound. It is noted that this operation can be deactivated when the main-top button is again depressed. There are also four plastic lens covers in Halloween-like designs that are retail-packed with this lamp.

The applicable subheading for this novelty lamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other portable electric lamps designed to function by their own source of energy. 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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