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NY 807496




CLA-2-85:S:N:N3:227 807496

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Laura Giarraputo
C Air International, Inc.
11222 S. La Cienega Blvd., Suite 260
Inglewood, CA 90304

RE: The tariff classification of a small flashlight with key chain from Taiwan.

Dear Ms. Giarraputo:

In your letter dated February 22, 1995, on behalf of H.S.N. Marketing, Inc., you requested a tariff classification ruling.

The sample submitted is a small plastic, computer-like mouse-shape flashlight, measuring nearly 1 3/4 inches long by 1 inch at its widest dimension, that is affixed to a metal key chain. It possesses a LED torch light that is activated by pressing a button situated beneath the lamp.

You claim that this merchandise should be properly classified under subheading 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel wire.

You support this assertion in stating that this article will be primarily utilized as a key fob or chain for holding keys, while possessing a pin light at the tip for novelty purposes. However, it should be noted that this pin light is considered to be a flashlight which has been defined as a small battery-operated portable electric light, normally held in the hand by the housing itself, whose primary function is to project a beam of light. Further, it has been determined that the essential character of this article is imparted by the flashlight, noting that the addition of the metal key chain does not alter its primary function of being a flashlight.

2

The applicable subheading for this small flashlight with key chain will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy...flashlights. The rate of duty will be 22.5 percent ad valorem.

In regard to marking, you state that each article is permanently marked with the country of origin, "Taiwan," on the bottom portion of the back in raised lettering, however, this marking also has been found to be both minuscule (measauring about 1/4 of an inch long by 1/16 of an inch high) and obscure. Further, it is noted that along the front portion of the lamp is the trademark of "BALLY'S" with the city of "LAS VEGAS" printed directly beneath that name (measuring about an inch long in bold print).

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location." Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

Upon examination of the subject merchandise, it has been determined that the current marking of this article does not satisfy the above marking regulations. It is not considered to be acceptable since the lamp is illegibly and inconspicuously marked with the country of origin "Taiwan" (not preceded by "Made in," or "Product of") so as to render "reading visibility" an arduous task, in addition it is neither situated in close proximity to the city, "LAS VEGAS," which appears as part of the trademark, "BALLY'S," nor in any conspicuous place on the article.

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

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