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NY N008819




April 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.20.8010

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

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

Dear Ms. Aldinger:

In your letter dated March 20, 2007, you requested a tariff classification ruling.

The merchandise under consideration is referred to as a Desk Lamp. It consists of a desk lamp with speakers and a clock. A sample of the desk lamp was submitted with your ruling request and will be returned to you.

The desk lamp consists of a single 20 Watt (W) halogen lamp encased within a three inch plastic dome with a clear lens. This dome is connected to the end of a 12 inch length of ½ inch flexible metallic tubing, which is attached to the top of a round domed plastic base. The base features an on/off rocker switch and a six foot long power cord with a two prong polarized plug. Also attached to the base is a spring clamp holder for an MP3 player and a single audio plug for connecting the player to two 1½ inch speaker pods that swing out from the base approximately six inches. A second plastic dome, similar to the halogen lamp dome is attached to the base by a second flexible metallic tube measuring approximately six inches long. This second dome features a self-contained battery powered quartz clock with a two inch face. The flexible metallic tubing is adjustable to any angle or position, providing pinpoint illumination and adjustment of the clock angle. From the information provided with your ruling request, this product is advertised and clearly identified as a desk lamp. The lamp function is the essential character of this product; the speakers and clock are subsidiary to the overall function of the desk lamp.

The applicable subheading for the Desk Lamp will be 9405.20.8010, 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: Other: Household.” 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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