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NY K81620




December 19, 2003
CLA-2-94:RR:NC:1:127 K81620

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, Pa 17105

RE: The tariff classification of a solar lamp from China.

Dear Ms. Aldinger:

In your letter dated December 2, 2003, you requested a tariff classification ruling.

The submitted sample is a battery-operated plastic solar lamp, referred to as the “Solar Garden Light” (item number 935041), that measures approximately 17 ¼ inches in height. It consists of the following components: a disk-shaped plastic top with a built-in light-sensor panel and an encased battery as well as a bottom LED bulb and an on/off light switch; a cylindrical-plastic bulb cover enclosed within a clear transparent plastic cup-like cover with a tubular-shaped end; a cylindrical-plastic mounting pipe designed to be affixed over the end of the cup-like cover; and a plastic ground stake fitted into the mounting pipe. It is stated that the light is activated at night when the switch is in the “on” position.

The applicable subheading for the plastic solar lamp, item number 935041, 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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