The tariff classification of mood lamps from China.

N219971 June 12, 2012 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000 Mr. Vilma Duate ClearFreight Inc. 880 Apollo St., Suite 101 El Segundo, CA 90245 RE: The tariff classification of mood lamps from China. Dear Mr. Duate: In your letter dated May 31, 2012, you requested a tariff classification ruling on behalf of your client, The Maya Group. The items under consideration are identified as Orbeez® Mood Lamps, Item Numbers 45090 and 47200. A sample of Item Number 45090 was provided with your ruling request and will be returned to you. The submitted sample is a battery powered plastic electric lamp 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 and provide light to the surrounding area. 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. Item Number 47200 is said to be identical to the 45090; just a slight different shape. In your letter you suggest classification of the Orbeez® Mood Lamps under subheading 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for toys. However, it is not principally designed for amusement.  Rather, the item’s packaging states that it is a “Real Working Mood Lamp.”  Furthermore, in NY N171420, dated July 7, 2011, a virtually identical product was classified under subheading 9405.40.8000, HTSUS, as an other lamp. The applicable subheading for the Orbeez® Mood Lamps, Item Numbers 45090 and 47200 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, Thomas J. Russo Director National Commodity Specialist Division