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NY M86780




September 28, 2006

CLA-2-94:RR:NC:1:110 M86780

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of an underwater color changing lamp from China.

Dear Mr. Crago:

In your letter dated September 13, 2006 you requested a tariff classification ruling.

The merchandise under consideration is item number W014DA06309, a battery powered underwater color-changing lamp. This lamp consists of a waterproof silver and white plastic disk, measuring approximately 4¼ inches in diameter and 2 inches high, with a suction cup attached to the back for temporary mounting. The size of this item and the simplicity of its installation provides it with portability. This lamp may be easily mounted to and removed from the various flat surfaces of a pool, spa, bathtub, or shower. The disk can be unscrewed along its circumference in order to place 4 AAA batteries into a watertight compartment. When the center of the lamp diffuser is pressed, the LED bulbs activate. Pressing the diffuser repeatedly results in the cycling of the LED bulbs through different colors, including white, red, green, blue, yellow, and purple.

The applicable subheading for the underwater color changing lamp, item number W014DA06309, 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 energyLamps: Other”. The general rate of duty will be 3.9 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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