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NY A87355




October 2, 1996

CLA-2-85:RR:NC:GI: 227 A87355

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Annie Nazco
U.S. Import & Promotions Co.
Financial Federal Bldg.
407 Lincoln Road Suite 12-D
Miami Beach, FL 33139

RE: The tariff classification of a portable lamp from China, Hong Kong and Taiwan.

Dear Ms. Nazco:

In your letter dated August 26, 1996, you requested a tariff classification ruling.

The sample submitted is a plastic battery-operated oblong-shape lamp, measuring 6 1/4 inches long, which possesses a top plastic round-shape shield onto which a ghost-like visage is depicted. It is noted that the light consists of a non focused bulb, activated by an on/off switch mechanism, which serves to project the ghost-like image onto the walls and floors.

You claim that the subject merchandise should be properly classified under subheading 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source of energy...lamps: flashlights. In this regard, it should be noted that a flashlight is 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. Since this instant lamp does not project a beam of light, consideration of classification as a flashlight is precluded.

The applicable subheading for this portable lamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 5.5 percent ad valorem.

Subheading 8513.10.4000, HTS, does not fall within a textile category designation, and, therefore, as a product of either China, Hong Kong or Taiwan, this merchandise is not subject to visa and quota restrictions based upon international textile trade agreements.

This ruling is being issued under the provisions of Part 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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