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NY B88177




August 21, 1997

CLA-2-85:RR:NC:1:108 B88177

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Lynn Redenbaugh
Import Services Coordinator
Spiegel, Inc.
3500 Lacey Road
Downers Grove, IL 60515-5432

RE: The tariff classification of radio/flashlight combination apparatus from China.

Dear Ms. Redenbaugh:

In your letter dated June 23, 1997 you requested a tariff classification ruling. Four samples were submitted.

The first product, which has no name or model designation, is a combination tiltable flashlight, silent flickering red signal device and AM/FM radio with a small speaker and no visible antenna. It is 8" long, designed to fit into a pocket, and has an attached, non-adjustable carry strap. It was submitted in a box marked "Professional Mini Lantern," model no. K-440, but the configuration on the box is different from the sample. The second product carries the name "Twinbird FR-101 Forest Life Runner." It is a combination lantern-style flashlight, AM/FM radio with speaker and telescope antenna, and a carry handle built into the design. It measures 8" x 4" x 5 1/2". The third product, marked "Twinbird Handy Leisure Light," is also a combination lantern-style flashlight, AM/FM radio with speaker and telescope antenna, and a carry handle built into the design. It measures 7" x 3" x 5 1/2". These three items are all battery operated and are marked "made in" or "assembled in China."

The fourth product has no name or model number. It consists of multiple components joined together in a plastic case which incorporates a carrying handle. The product is battery operated and contains an AM/FM/TV frequency radio, a speaker and telescope antenna, an adjustable carrying strap, and two lighting elements: a standard bulb flashlight which can be tilted and a fluorescent lamp. It measures 12" x 3 1/2" x 6 1/2".

The applicable subheading for the first three flashlight/radio combination products will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for "[r]adiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: [o]ther: [o]ther: [o]ther: FM only or AM/FM only. The duty rate will be 4.2 percent ad valorem.

The question of classification for the fourth item, the double lighting element/radio combination, is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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 Harvey Kuperstein at 212-466-5672.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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