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NY B85537




May 30, 1997

CLA-2-85:RR:NC:2: 227 B85537

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Jonna Barr
AEi-Radix Brokerage Services
6758 Commerce Court Drive
Blacklick, OH 43004

RE: The tariff classification of a flashlight from Taiwan.

Dear Ms. Barr:

In your letter dated May 7, 1997, on behalf of Value City Imports, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a small metal cylindrical-shape flashlight, item number 104, which measures about 1 1/2 inches in length and features a metal key ring and fob affixed to its bottom portion. It is noted that the light is activated in turning its body clockwise.

You claim that this merchandise should be properly classified under subheading 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel wire.

It has been determined that the subject merchandise is principally used as a "flashlight" which has been 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 it meets the above definition, based on its design and function, consideration of classification under the above subheading is precluded.

The applicable subheading for this flashlight 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...lamps: flashlights. The rate of duty will be 17.5 percent ad valorem.

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 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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