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NY N010010




May 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.30.0010

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

RE: The tariff classification of a light set from China.

Dear Ms. Aldinger:

In your letter dated April 16, 2007, you requested a tariff classification ruling.

The merchandise under consideration is the Tiny Lites Lightset, item number 959120. A sample of the light set was submitted with your ruling request and will be returned to you.

The Tiny Lites Lightset is a battery powered light set consisting of an eight foot string of twisted pair wire with green insulation and 20, not replaceable, miniature light bulbs evenly spaced 4½ inches apart. Mounted at the end of this string of lights is a clear plastic battery container with a slide on/off. Four AA size batteries power this light set. The lamps are described as tiny “rice” style lights, referring to the size of uncooked rice. The light set is packaged in a cardboard box displaying an evergreen wreath, which states that this set is “For use on Wreaths, Garlands, Small Trees and Centerpieces.” Although this light set may be used for decorating objects other that Christmas trees, they are nevertheless representative in every respect of the class or kind of light that is recognized as being principally used for Christmas trees.

The applicable subheading for the Tiny Lites Lightset will be 9405.30.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or includedLighting sets of a kind used for Christmas trees: Miniature series wired sets.” The general rate of duty will be 8 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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