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NY N004114





December 14, 2006

CLA-2-94:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of a barbecue (BBQ) grill light from China.

Dear Ms. Aldinger:

In your letter dated November 27, 2006, you requested a tariff classification ruling.

The merchandise under consideration is the LED Battery-Operated BBQ light. A sample of the BBQ light was provided with your ruling request and will be returned to you.

The BBQ light consists of 5 Light Emitting Diode (LED) lights encased within a 2-inch metal cone at the end of a 22-inch length of -inch flexible metallic tubing. Mounted to the base of the metallic tubing is a 3-inch by 2-inch by 1-inch plastic battery housing with an on/off switch and a slide-on 2-inch “C” clamp. The BBQ light is designed to clamp onto an outdoor cooking grill. The flexible metallic tubing is adjustable to any angle or position providing pinpoint illumination when grilling after dark.

The applicable subheading for the LED Battery-Operated BBQ light will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Other electric lamps and lighting fittings: Of base metal: Other.” The general rate of duty will be 6 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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