The tariff classification of a night-light from China.

NY G86859 March 2, 2001 CLA-2-94:RR:NC:2:227 G86859 CATEGORY: Classification TARIFF NO.: 9405.40.8000 Mr. Mark Fletcher NuBorn Tek, Inc. 17131 Rainbow Terrace Odessa, FL 33556 RE: The tariff classification of a night-light from China. Dear Mr. Fletcher: In your letter dated January 31, 2001, you requested a tariff classification ruling. Sample is being returned as requested. The sample submitted is a U-shaped sound-activated night-light for a door lock, referred to as the “Safety Door Lock Light/Night Duty,” which measures about 5 ¼ inches in height by 3 1/8 inches at its maximum width. It has a plastic frontal enclosure that is plated with a metal finish imparting either a bright or antique brass effect. It contains a circuit board of fiberglass with such components as resistors, capacitors, LED light, miniature microphone and light sensor, in addition to three plastic battery slots affixed to the board’s posterior, all secured by a plastic back panel. The front portion of the night-light, simulating an extension of the door lock, features a small aperture for emitting the light in a downward manner as well as a small opening for the light sensor. This lamp, which is designed to be secured to the door via the dead bolt or the door knob, is activated by its sensor only at night and then turned off during the day. It is stated to provide plenty of light so the user can clearly see both the keys and keyway area for fast and easy entry into the home at night. The applicable subheading for this night-light will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings, other. The rate of duty will be 3.9 percent ad valorem. 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 George Kalkines at 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division