CLA-2-94:S:N:N3:227 851318

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a "Halloween Mini Hurricane Lamp", item number 90349, from Taiwan.

Dear Ms. Aldinger:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : April 9, 1990.

DESCRIPTION OF MERCHANDISE : The submitted sample is a lamp consisting of a glazed ceramic candle holder measuring approximately 1 1/4 inches in height and 1 1/2 inches in diameter with three decals depicting a Halloween scene placed around the sides, topped with a clear glass chimney. The lamp is packaged for retail sale in a cardboard box which includes a candle. The essential character of this lamp and candle set is the lamp.

HTS PROVISION : Non-electric lamps and lighting fittings.

HTS SUBHEADING : 9405.50.4000.

RATE OF DUTY : 7.6 percent ad valorem.

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