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NY K82364

February 6, 2004
CLA-2-85:RR:NC:1:127 K82364


TARIFF NO.: 8513.10.4000

Ms. Darlene D. Jones
Schenker, Inc.
192 Ballard Court, Ste. 200
Virginia Beach, VA 23462

RE: The tariff classification of portable novelty lamps from China.

Dear Ms. Jones:

In your letter dated January 7, 2004, on behalf of The Little Tikes Company, you requested a tariff classification ruling.

The subject merchandise is portable battery-operated plastic novelty lamps, referred to as “Christmas Flashlights,” that measure approximately 6 ¾ inches in height. These lamps are three-dimensional depictions of a snowman, Santa, reindeer, and nutcracker. Each lamp has a built-in posterior handle with a trigger-like mechanism that when depressed raises the mouth, incorporating a lamp and an audio unit, to emit a beam of light and voice an apropos utterance. When the handle is depressed again, the mouth closes to turn off the light.

The applicable subheading for these portable plastic novelty lamps will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 3.5 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.


Robert B. Swierupski

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