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NY 811579

CLA-2-94:S:N:N3:227 811579


TARIFF NO.: 9405.40.8000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a night light from China.

Dear Ms. Aldinger:

In your letter dated June 14, 1995, you requested a tariff classification ruling.

The sample submitted is a small plastic lamp, known as the "Santa Night Light" (item number 94938), which measures about 4 inches high. This lamp has a Santa-like figurine which is situated in front of an incandescent bulb. It is noted that the bulb is secured to a two-prong electrical plug which possesses an "on/off" switch mechanism that activates the light. It is stated that the merchandise is designed to be used in the bedroom, bathroom, nursery, kitchen, entrance, or hallway.

The applicable subheading for the "Santa Night Light," item number 94938, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings. 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.


Jean F. Maguire
Area Director

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