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NY L89316




January 11, 2006

CLA-2-85:RR:NC:1:108 L89316

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a portable electric lamp from China.

Dear Mr. Stinson:

In your letter dated December 6, 2005, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a portable, battery-operated electric lamp, referred to as the “LED Pumpkin Light,” which measures approximately 5 inches long. It is shaped in the form of a plastic candle with a clear-translucent flame-like top, which incorporates color-changing LED light bulbs.

It is suggested that this merchandise is properly classified under subheading 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. However, since this lamp, incapable of emitting sound, does not function to provide light for visual signaling, consideration of classification under subheading 8531.80.0050, HTS, is precluded.

The applicable subheading for this portable electric lamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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