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NY A83606



June 4, 1996

CLA-2-85:RR:NC:GI: 227 A83606

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Melissa Gerardi
Kintetsu Intermodal (U.S.A.), Inc.
231 Herrod Boulevard
S. Brunswick, NJ 08810

RE: The tariff classification of a 3 in 1 rechargeable flashlight from Hong Kong.

Dear Ms. Gerardi:

In your letter dated April 30, 1996, on behalf of Solar Wide, you requested a tariff classification ruling.

The article at issue is a battery-operated rechargeable flashlight, known as the "Tri-Lite" (model number SW-180U), which measures approximately 8 1/2 inches in length. The "Tri-Lite" functions as a night light, a power failure light and as a rechargeable flashlight. When plugged into a standard electrical outlet the unit acts as a night light. If the power fails, the "Tri-Lite" starts blinking to make it easy to find in the dark. The unit can be removed at anytime from the electrical outlet for use as a flashlight for one continuous hour before it has to be recharged.

Although the "Tri-Lite" possesses some accessory features, it is primarily a flashlight.

The applicable subheading for the "Tri-Lite" (model number SW-180U), 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 20 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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