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NY N022853




February 19, 2008

CLA-2-85:OT:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650

Mr. Troy D. Crago, Import Specialist
ATICO
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a Mini Volcano Lamp from China

Dear Mr. Crago:

In your letter dated January 21, 2008 you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The item concerned is the Mini Volcano Lamp (A014DA01007). This item is cylindrical in shape and measures approximately 5 ½ inches in height by 3 ¼ inches in diameter. The unit incorporates a 2 inch black plastic base onto which a 3 inch clear plastic “container” is mounted. A ¾ inch black plastic cover fits over the top of the clear container. The base unit houses a battery compartment and a small pump. The cover unit incorporates a battery compartment and a red LED light which is used to illuminate the interior of the device, providing a “colorful effect”. Affixed to the bottom of the clear container is a 1 ½ inch high plastic volcano sculpture. There are also numerous red and clear plastic beads within the clear container. This device has an On/Off switch on both the base unit and the cover unit. The item uses 4 “AA” batteries.

In use, the Mini Volcano Lamp is filled with water and a drop of dish washing soap. The electric pump, directs the colored beads through the top of the volcano, while the red LED light illuminates the volcano sculpture and the moving beads, adding to the overall effect of this device. The entire illusion/effect is that of an erupting volcano.

The applicable subheading for the Mini Volcano Lamp will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus: Other machines and apparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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