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NY N022829

February 22, 2008



TARIFF NO.: 9405.40.8000

Mr. Michael McClelland
RoofTop Patriot
RR 1 Box 231
Bremen, OH 43107

RE: The tariff classification of a light from China.

Dear Mr. McClelland:

In your letter dated February 4, 2008, you requested a tariff classification ruling.

The merchandise under consideration is the Satellite DishLite. It is a light fixture designed to mount on the arm of a satellite dish and illuminate the dish face. The DishLite is powered by the satellite dish’s receiver via the coaxial cable by means of a splitter installed between the LNBF (low noise block converter feed horn) and receiver cables. You state that the DishLite measures approximately 1 inch high by 4 inches in length by 1 inch wide, and is made of ABS plastic. You also state that the DishLite will be imported packaged for retail sale with a 19-inch RG6 coaxial cable jumper with compression connectors, a high frequency power inserter (splitter), 3 nylon cable ties, and an instruction page.

The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) governs the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets for retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging.

The DishLite kit meets the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The DishLite provides the essential character of this set.

The applicable subheading for the Satellite DishLite set will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings: Other electric lamps and lighting fittings: Other.” The general 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 Thomas Campanelli at 646-733-3016.


Robert B. Swierupski

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