The tariff classification of a lantern and bottle light from China.

N183462 September 28, 2011 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000 Ms. Loraine Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a lantern and bottle light from China. Dear Ms. Aldinger: In your letter dated August 30, 2011, you requested a tariff classification ruling. Under consideration are the Dual Function Lantern, Item Number 9015980 and the Solar Bottle Light, Item Number 9015983. Samples were submitted with your ruling request and will be returned to you. The Dual Function Lantern, Item Number 9015980, is an LED (Light Emitting Diode) lamp consisting of a molded plastic lamp shade, body and base measuring approximately 16 inches tall. The lamp shade resembles a drum or cylinder measuring approximately 8 inch tall and 5 inches in diameter at its widest point. The bottom 2½ inches of the shade tapers inwards to approximately 1¼ inches in diameter and is designed to connect to the provided post and lawn stake. The post measures approximately 5 inches tall with a diameter of 1¼ inches and connects to a base for placement onto any flat surface or to the lawn stake, which may be used for inserting the lantern into the ground. The top of the lantern features a clear plastic cover that contains four LED lamps, a solar cell, “AAA” size battery and photocell to illuminate the lantern at dusk and off at dawn. The applicable subheading for the Dual Function Lantern, Item Number 9015980, 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. We are unable to provide a classification for the Solar Bottle Light, Item Number 9015983, as the submitted sample is not functioning, nor does your request provide sufficient information for us to make a classification decision. Your request for a classification ruling should include a functioning sample with clear photographs of the packaging, advertisements, industry publications, and statistics regarding sale, use, marketing, etc. Also please provide the general physical characteristics of the merchandise; the use, if any, in the same manner as merchandise which defines the class; the expectations of the purchasers of the merchandise; the channels of trade in which the merchandise moves; and environment of the sale of the merchandise (i.e., accompanying accessories and the manner in which the merchandise is advertised and displayed). When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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