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NY 814410




CLA-2-85:S:N:N3:227 814410

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. Robert C. Thompson
W.J. Byrnes & Co. of Los Angeles, Inc.
5777 West Century Blvd., Ste. 360
Los Angeles, CA 90045

RE: The tariff classification of a flashlight from China.

Dear Mr. Thompson:

In your letter received in this office on September 1, 1995, on behalf of Gary Mandel Promotional Concepts, you requested a tariff classification ruling.

The sample submitted is a plastic cylindrical-shape flashlight, known as the "Insta-Light EV-89," which measures approximately 5 inches long and possesses a torch light that is activated by rotating its head in a clockwise direction. This item is retail-packed with an plastic oblong-shape, mountable wall bracket, measuring about 6 1/2 inches high, that is designed to secure the lamp while not in use. It is noted that the light can be turned off when the slot, situated at the back of the lamp, is affixed onto the bracket's prongs, thereby separating the batteries. Further, when the lamp is removed from its bracket, the light will turn on automatically.

The applicable subheading for the subject flashlight, known as the "Insta-Light EV 89," 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.

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

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