CLA-2-94:OT:RR:NC:1:110
Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
RE: The tariff classification of a solar powered light from China.
Dear Ms. Aldinger:
In your letter dated August 10, 2009, you requested a tariff classification ruling.
The merchandise under consideration is the Solar Sun Jar, item number 9006143. A sample of the Solar Sun Jar was submitted with your ruling request and will be returned to you.
The Solar Sun Jar is a frosted glass hermetic storage jar with a neck tie-wire, metal locking mechanism in the form of a wire toggle lever, and rubber seal gasket lid to make the container watertight. The jar measures approximately 6½ inches tall with lid and is 4 inches square with rounded corners. The jar opening is round and measures approximately 3? inches in diameter. Suspended from the glass opening under the lid is an assembly consisting of a round rubber collar housing a round solar panel with light sensor and an on/off toggle switch. Below this assembly is a single light emitting diode (LED) lamp and reflector within a tubular plastic diffuser that extends deep into the glass jar. The light sensor activates the LED light in the dark when the toggle switch is set to “on”, emitting light throughout the jar and to the surrounding area. An internal rechargeable battery provides light for up to 6 hours on a full charge from the solar panel. The Solar Sun Jar is advertised as a flameless LED solar jar candle for use indoors or out, perfect for patios, path lights and windowsills.
The applicable subheading for the Solar Sun Jar, item number 9006143, 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