The tariff classification of a mood lamp from China.

N171420 July 7, 2011 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000 Mr. Dennis Morse BDP International, Inc. 2721 Walker Ave., N.W. Grand Rapids, MI 49504 RE: The tariff classification of a mood lamp from China. Dear Mr. Morse: In your letter dated June 10, 2011, you requested a tariff classification ruling on behalf of your client Meijer Distribution. The item under consideration is the Orbeez® Mood Lamp, Item Number 00411-2. A sample of the lamp was provided with your ruling request and will be returned to you. The mood lamp is a battery powered plastic electric light measuring approximately 11 inches tall. It consists of four clear transparent globe-shaped plastic sections stacked on top of one another over a silver base. The upper most section has an outside diameter of approximately 4½ inches with a removable screw cap. The base has three LED (light emitting diode) lamps, an on/off slide switch and a battery compartment for three “AAA” size batteries. A 5 inch tall clear tubular light diffuser is provided for placement over the LEDs to disperse light throughout the lamp. The mood lamp is imported with several packets of Orbeez® (totaling 1500) in three different colors. Orbeez® is a tiny seed that grows into soft, squishy, bouncy, colorful marble size beads when they are submerged in water. After the Orbeez® are grown, they may be added to the lamp by removing the top screw cap to create your own, one of a kind, real-working mood lamp. The applicable subheading for the Orbeez® Mood Lamp, Item Number 00411-2 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division