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NY N015054




August 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a nightlight from China.

Dear Ms. Ramsey:

In your letter dated July 25, 2007 you requested a tariff classification ruling. The submitted sample will be returned to you as requested.

The merchandise under consideration is described as the Sensor Light, item number 59730. It measures approximately 2.63 inches wide by 4.13 inches high by 1.63 inches deep at its widest points, and tapers to a base 1.5 inches square. The Sensor Light is motion-sensitive and light-sensitive, and is comprised of three LED bulbs encased in a plastic housing. A motion/light sensor is embedded in the front panel of the housing, and a four-position slide switch on the side panel may be set for “Off”, “D/D” (dawn/dusk), “On”, and “Motion”. The back panel of the housing provides a keyhole cutout for wall mounting, as well as a compartment for three “AAA” batteries, not included.

The applicable subheading for the Sensor Light, item number 59730, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings: Other electric lamps and lighting fittings: 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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