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NY M83666




May 22, 2006

CLA-2-85: RR: NC: 1:108 M83666

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 portable electric candle from China.

Dear Ms. Aldinger:

In your letter dated May 11, 2006 you requested a tariff classification ruling.

The item in question is a portable LED candlelight denoted as model number 945449. The battery operated LED candle light measures 3” by 4” and has an on/off switch on the bottom side. The item is designed for placement on a flat surface such as a table for an illuminated candlelight effect and it can be carried from place to place.

The applicable subheading for the LED candlelight 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 Lamps: Other than flashlights. 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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