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NY N024029




March 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000

Ms. Sandy Cooper
Garden Meadow Inc.
Bldg. G & H
124 Research Drive
Milford, CT 06460

RE: The tariff classification of lanterns from China.

Dear Ms. Cooper:

In your letter dated February 26, 2008, you requested a tariff classification ruling.

The merchandise under consideration are two styles of Solar Scroll Lanterns. Samples of the two lanterns were submitted with your ruling request and will be returned to you. They are identified as the “Solar Etched Flower Lantern” and the “Solar Etched Column Patio Light.”

The submitted samples are constructed of base metal with a rustic finish and feature frosted translucent plastic lenses on all four sides. Each lantern measures approximately 4½ inches square by 12 inches tall and feature four metal balls as legs. The Solar Etched Flower Lantern features a metal tulip on a stem with two leaves on all four sides. The Solar Etched Column Patio Light features metal screens with a scroll-like design on all four sides. In the base of each lantern is a removable disk measuring approximately 3 inches in diameter by 1 inch tall with a light emitting diode (LED) lamp, two solar panels, printed circuit board, rechargeable battery, ON/OFF switch and photocell. These lanterns are not designed to be carried in the hand or on the person. The Solar Scroll Lantern’s batteries are charged by the solar panels during the day and automatically light up at night for up to 8 hours.

The applicable subheading for the Solar Etched Flower Lantern and the Solar Etched Column Patio Light 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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