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NY G89961

April 30, 2001

CLA-2-94:RR:NC:2:227 G89961


TARIFF NO.: 9405.40.8000

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a bubble lamp from China

Dear Ms. Liu:

In your letter dated April 6, 2001, you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted, item # W14D5033, is a plastic bubble lamp that measures about 20.5 inches in overall height. It consists of a transparent plastic container, designed to hold water, which measures approximately 14.75 inches in height with a top and bottom diameter of 2.75 inches. The container is affixed to a plastic black-colored base that measures nearly 5.25 inches in height with a diameter of 3 inches at the top and a diameter of 5.25 inches at the bottom. The base contains a pump mechanism as well as a 5 watt electric bulb situated beneath a varied-colored plastic disk. There is an electric light cord with an adapter that is plugged into an outlet at the bottom of the base. When the light is activated, the disk begins to rotate sending a beam of light of diverse colors throughout the transparent container that has been filled with water. At the same time the pump mechanism swirls the water around in the container. The bubble lamp also includes small fish-shaped plastic items that are inserted into the water filled container, which gives the impression of fish swimming in the water.

The applicable subheading for the electric light unit will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings of other than base metal. 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.


Robert B. Swierupski

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