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NY I81252

May 28, 2002

CLA-2-94:RR:NC:2:227 I81252


TARIFF NO.: 9405.40.8000

Ms. Linda C. Pearson
Seasonal Specialities
11455 Valley View Road
Eden Prairie, MN 55344

RE: The tariff classification of electric light sets and night-lights from China.

Dear Ms. Pearson:

In your letter dated April 23, 2002, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, consists of the following lighted articles:
a light set, item number 75763, that has an electrical wire harness possessing 60 sockets which contain clear miniature LED lights with plastic star-shaped covers;
a light set, item number 79304, that has an electrical wire harness possessing seven gold poinsettias of fabric with each flower featuring at its center three gold-faceted pearl-shaped lights;
a light set, item number 79171, that has an electrical wire harness possessing 10 sockets which contain miniature light bulbs with natural grapevine covers;
an electric night-light, item number 78397, that has a plastic plug-in fixture with socket and on/off switch, as well as a globe-shaped glass light bulb featuring a non-three-dimensional Santa-like motif;
an electric bubble night-light, item number 77980, that has a plastic plug-in fixture with socket containing a light bulb within a plastic shell, in addition to a liquid-filled glass tube of methylene chloride (simulating a bubbling lit candle when heated by the light bulb) and plastic Santa figurine, all securely affixed atop the encased light bulb.

It is stated that the subject light sets, excluding item number 79171, will be sold during the Christmas season for use in decorating various areas as the mantels, wreaths, banisters and Christmas trees. However, it is noted that the grapevine light set, item number 79171, will be sold all year round for use in decorating the windows, doors, mantels and trees (outdoor and Christmas trees).

You state that the above-described night-lights designed with the Christmas motif and figurine of Santa should be classified under 9505.10.2500, HTS, which provides for festive, carnivalarticles for Christmas festivitiesChristmas ornaments: other. However, since the functional feature of illumination imparts the essential character of these night-lights, consideration of classification under subheading 9505.10.2500, HTS, is precluded.

The applicable subheading for the decorative night-lights and electric light sets, excluding item number 75763, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (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 electric light set, item number 75763. Your request for a classification ruling should include a sample of this light set in its retail package. 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 646-733-3028.


Robert B. Swierupski

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