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NY L89782

February 2, 2006

CLA-2-94:RR:NC:1:108 L89782


TARIFF NO.: 9405.40.8000

Ms. Stephanie De Silva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of an audio-bubble light from China.

Dear Ms. De Silva:

In your letter received in this office on January 17, 2006, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is an audio-bubble light (reference number PP 309705), referred to as the “Musical Bubbler,” which measures approximately 14 ¼ inches in overall height. This article has a clear plastic tube, measuring about 8 ¼ inches long, with a bubbling stone at its base and a top-circular plastic cap with an aperture at its midsection. This tube, which is designed for the insertion of water, is incorporated atop a cylindrical-plastic housing. This housing, which is affixed to a three-footed plastic speaker base, contains the LED lamps and the air pump. The external portion of the housing has several LED indicators for the various types of nature-like sounds, a control switch and a sensitivity dial for regulating the air pump, and an auto shut-off timer. The back of the speaker base features the sockets for the power adapter (included), required to operate the unit, and a mini cable (included) for the connection of a sound-reproducing device, e.g., a CD player or MP3 player. The front portion of the base has an on/off/volume knob, as well as the controls for operating the built-in electronic chips for emitting specific sounds of nature. When filled with water and then activated, this article can function as follows: in only emitting three alternating-colored LED lights, which is suffused through the water-filled tube; in emitting these LED lights through the water-filled container with the air pump creating a bubbling-like effect; or having these LED lights suffused through the bubbling, water-filled tube, while producing sounds and music that can be set to affect the pulse of the bubbling water.

The applicable subheading for the audio-bubble light will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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.


Robert B. Swierupski

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