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NY A80669

March 18, 1996

CLA-2-94:RR:NC:GI: 227 A80669


TARIFF NO.: 9405.40.8000

Ms. Patricia Aaront
The Toy Group, Inc.
1 Hampton Street
WestHampton Beach, NY 11978

RE: The tariff classification of a child's lamp from China.

Dear Ms. Aaront:

In your letter dated February 21, 1996, you requested a tariff classification ruling.

The sample submitted is a plastic, battery-operated child's novelty lamp, known as the "Petlite" (item number 600), which depicts the figurine of a smiling monkey, measuring about 4 1/4 inches high, in the posture of being curled up with his football. It features a slender-shape flexible light, measuring nearly 8 1/2 inches in length and emanating from its lower posterior, that is so designed to simulate the tail. There is also a narrow channel-like opening along the entire midsection of the monkey that allows for the insertion of the adjustable lamp portion. This lamp is activated via a slide-switch mechanism located on the monkey's body. It is stated that its light can be shone wherever it is most needed.

Although this article is referred to as a "child's toy lamp," it is not considered to be a toy, despite its novelty features, since it is primarily designed and so utilized to function as a lamp.

The applicable subheading for the plastic novelty child's lamp, item number 600, 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.


Roger J. Silvestri

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