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NY M82878




May 16, 2006

CLA-2-85:RR:NC:N1:112 M82878

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9795

Warren Millet
Hurricane Productions LLC
595 Bryceland Blvd.
Ridgeland, MS 39157-1257

RE: The tariff classification of novelty funnels from China

Dear Mr. Millet,

In your letter dated April 19, 2006, you requested a tariff classification ruling.

The two items concerned are martini or cocktail glass-shaped articles of hard plastic measuring 18” in height and 14” at the base – the overall shape may also be more akin to a stemmed hourglass or brandy snifter. Both items have motion-activated LED light boards attached to the back of their stem portions and inner bowls within their bases. One of the items will have a small, 110 Volt DC motor, covered to resemble a cherry with a long stem, in its upper bowl; the other will not.

The purpose of the item without a motor is to act as a cap collector for bottled drinks. The motion activated LED light boards would light up when a bottle cap falls through its stem after being deposited in its upper bowl. The caps are collected in the inner bowl in the base of the item for later removal through a slot in the base.

The motorized item is intended as a tip collector or game room amusement novelty. When coins or other small articles are thrown into its upper bowl, the “cherry” motor sweeps them into the stem; the LED lights activate as the coins or articles fall through the stem and they end up being collected by the inner bowl in the base for later removal through a slot in the base. If paper bills or articles too large to be swept into the stem of the item are thrown into its upper bowl, the “cherry” motor will continuously swirl them around the upper bowl until they are manually removed.

The applicable classification subheading for both of the Novelty Funnels will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Other machines and apparatus: Other: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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