CLA-2-94:S:N:N3:227 810680

Mr. Raymond Rodriguez
Inter-Maritime Forwarding Co.
1031 W. Manchester Blvd.
Inglewood, CA 90301-1509

RE: The tariff classification of an "illuminating balloon" from France.

Dear Mr. Rodriguez:

In your letter received in this office on May 12, 1995, on behalf of Escor Sales, you requested a tariff classification ruling.

The merchandise at issue is a balloon, inflated with helium gas, that contains a light bulb which provides a light source floating above the ground. This article, referred to as the "illuminating balloon," is connected to a cable of 10 meters in length which transports the electrical energy. It is stated that the control panel is mounted on the ground unit to facilitate the system maintenance, noting that the system is provided with an easily transportable case which allows the unit to be stored occupying a minimum of space. This merchandise will be used to illuminate both private and public areas as well as serving for emergency and advertising purposes. The applicable subheading for the "illuminating balloon" will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings. The rate of duty will be 3.9 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport