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NY H85050

August 31, 2001

CLA-2-94:RR:NC:2:227 H85050


TARIFF NO.: 9405.40.8000

Ms. Carolyn S.Rutkowski
Coppersmith, Inc.
Customs Brokers
P.O. Box 90151
Los Angeles, CA 90009

RE: The tariff classification of lights from China.

Dear Ms. Rutkowski:

In your letter dated August 8, 2001, on behalf of Rabbit Tanaka Corporation USA, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, consists of the following articles:
a lighting fitting, referred to as the “Mystic Lite” (item number 02230), which measures about 8 inches high by 6 inches wide by 6 inches deep. It consists of a liquid-filled glass globe that is affixed to a plastic base containing a fixture with mini light bulb. When the light is activated via the on/off switch mechanism situated on the base, a colored light is emanated (either red, blue, green or orange), while initiating the action of a liquid cloud-like movement to induce a calming and relaxing effect. It also features a speed control mechanism for controlling the cloud-like movement and an electrical light cord affixed to the base.
a glass globe-shaped lighted body, referred to as the “Earth Globe” (colored white or blue), that is affixed to a concave-shaped plastic base. It incorporates a light bulb which when activated projects onto the globe the interior rotating topographical design of the world.

The applicable subheading for the lighting fitting, known as the Mystic Lite, will be 9405.40.8000, HTS, which provides for other electric lamps and lighting fittings other than of base metal. The rate of duty will be 3.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Earth Globe. Your request for a classification ruling should include a sample of this item. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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