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NY N020825




December 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a clip-on lamp from China.

Dear Mr. Crago:

In your letter dated December 11, 2007, you requested a tariff classification ruling on behalf of your client, Walgreens.

The merchandise under consideration is the Clip-On Lamp, item number A014DA00360. It features a metal bell-shaped shade supported by a flexible metal gooseneck permanently affixed to a plastic clip. This clip allows the Clip-On Lamp to be clamped to various surfaces, and the flexible neck permits the lamp to be adjusted to different positions. The Clip-On Lamp accepts a 60 Watt (W) Type A light bulb.

In your ruling request you suggested an alternative classification under 9405.20.8010, HTSUS, as an electric table, desk, bedside or floor-standing lamp. However, because of its design, the Clip-On Lamp is not principally used as such. Therefore classification under 9405.20.8010, HTSUS, is precluded.

The applicable subheading for the Clip-On Lamp, item number A014DA00360, will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings: Other electric lamps and lighting fittings: Of base metal: Other.” 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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