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NY G85942




January 22, 2001

CLA-2-94:RR:NC:2:227 G85942

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Graciela DeAlcon
Wal*Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of an unfinished bubble light from China.

Dear Ms. DeAlcon:

In your letter dated December 13, 2000, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic bubble light without the inner tube, item number H-1398, that measures about 23 ½ inches in overall height. It consists of a transparent plastic swirl-shaped container with plastic cover, which is designed to hold the water, that measures approximately 18 ¼ inches in height with an open top diameter of 3 ¾ inches and a base diameter of 6 inches. This container is affixed to a plastic amber-colored base that measures nearly 4 ¾ inches in height with a top diameter of 5 ½ inches and a base diameter of 8 ½ inches. It is noted that the base contains the pump mechanism as well as the light bulb situated beneath a varied-colored plastic disk. There is an electric light cord with adapter and rotary switch mechanism that is attached to the bottom portion of the base. In activating this light the disk begins to rotate, thereby emanating a sequence of diverse colors through the container. This article is also accompanied by small shperical-shaped plastic beads that will be inserted into the water-filled container.

The applicable subheading for the unfinished plastic bubble light will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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