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NY B85747




May 30, 1997

CLA-2-85: RR:NC:2: 227 B85747

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Lesa R. Hubbard
J.C. Penny Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a lantern with toolbox from China.

Dear Ms. Hubbard:

In your letter dated May 15, 1997, you requested a tariff classification ruling.

The sample submitted is a plastic battery-operated lantern with toolbox, item number 537-1259, which consists of an oblong-shape case measuring about 6 1/4 inches long by 4 1/4 inches wide by 1 3/4 inches deep and containing the following tools: 4 metal screwdriver bits, a metal hammer, a magnet, pliers with plastic-covered handles, and a plastic handle for insertion of the screwdriver bits for use in the manner of a screwdriver, all secured via a snap-closure lid. It features a circular-shape, front reflector containing a filament bulb for use as a spotlight which is molded into the top section of the toolbox as well as a handle, with a control switch, that extends over the midsection of the box. It is noted that this composite article of which the lamp imparts the essential character is designed not only to be carried by the hand but also to be placed horizontally and stationary on a flat surface to illuminate the work area.

The applicable subheading for this lantern with toolbox, item number 537-1259, 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 4.9 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 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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