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NY 804192


December 13, 1994

CLA-2-85:S:N:N3:227 804192

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Irene Dziubinski
Intertrans Corporation
500 E. Thorndale, Suite 100
Wood Dale, IL 60191

RE: The tariff classification of a flashlight from China.

Dear Ms. Dziubinski:

In your letter dated November 15, 1994, on behalf of your client, Reader's Digest Association, Inc., you requested a tariff classification ruling.

The sample submitted is a small, plastic battery-operated flashlight, known as the "Time Projector Light", which is so designed to be held in the palm of the hand as well as being placed down on a flat surface. Its front portion possesses a torch light for illuminating purposes and a display area for the time projector. Along its top portion, there is an "on/off" slide switch mechanism that activates both the light and time display, noting a light-focusing button (located on its bottom) to adjust the beam of light for the flashlight. Further, situated near its back portion, there is a small silver tone strap ring.

Since this item is primarily designed to be principally used as a flashlight (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), it will be considered a flashlight for tariff classification purposes.

The applicable subheading for this flashlight, known as the "Time Projector Light", 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 25 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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