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NY 865461


AUG 6 1991

CLA-2-94:S:N:N3D:227 865461

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Mary Anne O'Boyle
Hoglund and Moyles, Inc.
P.O. Box 66373
O'Hare International Airport
Chicago, IL 60666

RE: The tariff classification of solar lights from Hong Kong.

Dear Ms. O'Boyle:

In your letter dated July 16, 1991, on behalf of Builders Square, Inc., you requested a tariff classification ruling.

The merchandise at issue is the "pagoda outdoor solar light" and the "contemporary design outdoor solar light" which possess the following features: a 4-watt fluorescent lamp; a built-in light sensor that turns on the light at dusk; an electrical switching mechanism which automatically turns off the lamp before the battery runs down, thereby increasing battery life; a crystal solar cell that stores up to 5 hours of light output; and an external charge jack that can be used with a standard 9V AC adaptor to elec- trically charge the unit.

The applicable subheading for the above solar lights will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for lamps and lighting fittings...and parts thereof, not elsewhere specified or included...other electric lamps and lighting fittings: other. The rate of duty will be 3.9 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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