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NY 816958




CLA-2-85:RR:NC:GI: 227 816958

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. C.K. Murphy
Eveready Battery Company, Inc.
P.O. Box 450777
Westlake, OH 44145-0616

RE: The tariff classification of a flashlight from China.

Dear Mr. Murphy:

In your letter dated November 14, 1995, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a small rechargeable flashlight, model number EM290, which measures approximately 4 1/4 inches high and possesses a push-button mechanism for activating its torch light. It is noted that the bottom portion of the lamp is designed to be inserted into a motor vehicle's cigarette lighter for recharging purposes.

You claim that this merchandise should be properly classified under subheading 8512.20.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for other lighting equipment for the vehicles of subheading 8701.20 or heading 8702, 8703, 8704, 8705 or 8711. However, since the subject article is primarily designed as a flashlight and functions, after being recharged, as a flashlight, consideration of classification under subheading 8512.20.2040, HTS, is precluded.

The applicable subheading for the rechargeable flashlight, model number EM290, 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 the ruling letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,

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