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NY I88253

December 6, 2002

CLA-2-85:RR:NC:1:112 I88253


TARIFF NO.: 8543.89.9695

Mr. Bob Bresnahan
Pumpkin Masters, Inc.
P.O. Box 44068
Denver, CO 80201

RE: The tariff classification of a strobe light, pumpkin decorating kit, and a punch; the country of origin is not stated.

Dear Mr. Bresnahan:

In your undated letter, which was received by this office on November 8, 2002, you requested a tariff classification ruling.

As indicated by the submitted samples, there are three items in question, identified as the Ultimate Strobe Light, a Sculpt and Dye Kit, and Decorator Punches. The Ultimate Strobe Light is a battery operated flashing strobe light consisting of five strobe units within a housing. In use, it is placed inside of a hollowed out pumpkin and provides a lighting effect.

The applicable subheading for the Ultimate Strobe Light will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The duty rate will be 2.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on either the Sculpt and Dye Kit or the Decorator Punches. With respect to the Sculpt and Dye Kit, your request for a classification ruling should include a value breakdown for each of the components that are included in the kit. With regard to the Decorator Punches, please advise as to whether the steel punch tubes and the wooden dowels are packaged together for retail sale at the time of importation or whether they are imported separately.

In addition to this information, please provide the country of origin and include a statement that there are, to your knowledge, no issues on these commodities pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

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 David Curran at 646-733-3017.


Robert B. Swierupski

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