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NY M82355





April 21, 2006

CLA-2-85:RR:NC:1:108 M82355

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 novelty lamps from China.

Dear Ms. Aldinger:

In your letter dated April 5, 2006, you requested a tariff classification ruling.

The submitted samples are battery-operated plastic children’s novelty lamps, item number 8007744, which are known as the Animal Friends Handi-Lites. This merchandise has a frontal lamp housing, in the form of either a lion, hippopotamus, or tiger, that contains a light bulb, reflector, and lens; each lamp housing also has a translucent section with a design in the form of a pair of eyes. Further, each portable lamp, which measures about 5 ½ inches high, features a four-wheeled bottom and a separate built-in top handle with a button-like on/off switch. When the top button is depressed, a beam of light is emitted, while the appropriate animal-like sound is produced.

The applicable subheading for these children’s novelty lamps 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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