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NY L83352




March 30, 2005

CLA-2-:RR:NC:N1:112 L83352

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

Lorianne Aldinger
Import Manager,
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105-3165

RE: The tariff classification of a reflector light necklace from China

Dear Ms. Aldinger:

In your letter dated March 2,2005, you requested a tariff classification ruling.

The item concerned is the Halloween Safety Light Necklace (#939970). It is a battery-operated, round, orange ornament of hard plastic with a jack-o’-lantern face painted in its center and the words, “HAPPY HALLOWEEN” circling the face. It has a hole at its top with an orange cord attached through it; the cord has an orange, hard plastic clasp at its apex. When activated, a shaft of light rotates around the inside of the face of the ornament. The light rotation can be turned off or on by a manual switch at the upper back of the ornament.

The necklace is meant to act as a reflective safety light when worn around the neck of “Trick-or-Treaters” on Halloween.

The applicable subheading for the Halloween Safety Light Necklace (#939970) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric ... visual signaling apparatus ... : Other apparatus: Other. The rate of duty will be 1.3%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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