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NY N007321




March 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.20.6010

Ms. Bernadette Placido
QVC Inc.
1200 Wilson Drive
West Chester, PA 19380

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

Dear Ms. Placido:

In your letter dated February 22, 2007, you requested a tariff classification ruling.

The merchandise under consideration is a solar powered post light. This post light measures approximately 76 inches tall overall and has a lantern style top with six panels of beveled glass. The lantern style top measures approximately 16½ inches high by 8½ inches wide at its widest point, tapering inwards to a base of 6½ inches. The lantern features 6 LEDs (Light Emitting Diodes) encased within a common plastic lens and two AA Ni-Cad rechargeable batteries (pre-installed). Three solar panels located on top of the lantern recharge the batteries during the day for continued use of the light overnight. The light post column, lantern frame and top are constructed of aluminum. The base, which is constructed of ABS plastic, is a round-shaped hollow barrel that doubles as a flower planter. The base measures approximately 14½ inches tall with an open top diameter of 17 inches, tapering inwards to the bottom, which has a diameter of 10½ inches. This solar powered post light is suitable for outdoor use and is of a class or kind that will be principally used in the household area.

The applicable subheading for the solar powered post light will be 9405.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or includedElectric table, desk, bedside or floor-standing lamps: Of base metal: Other: Household.” The general rate of duty will be 6 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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