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NY D80038


August 7, 1998

CLA-2-85:RR:NC:2:227 D80038

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. John H. Alpine

Eveready Battery Co., Inc.

25225 Detriot Rd.

P.O. Box 450777

Westlake, OH 44145

RE: The tariff classification of flashlights with key rings from China.

Dear Mr. Alpine:

In your letter dated July 1, 1998, you requested a tariff classification ruling.

The samples submitted consist of the following battery-
operated lamps:
a) a novelty flashlight, known as the Car Light, which features a car-shaped plastic housing, measuring approximately 3 1/8 inches long by 1 5/8 inches at its widest dimension, which emits a beam of light when the car's swivel-like hood is flipped. Affixed to the bottom portion of this lamp is a metal key ring.
b) a novelty flashlight, known as the Squeeze Bug Light, which features a lady bug-shaped plastic housing, measuring about 1 1/2 inches long, which emits a beam of light when pressed between the thumb positioned on the top and the index finger placed on the bottom lighting mechanism. It also possesses a metal key ring that is affixed to the bottom portion of the lamp.
c) a mini flashlight, known as the Mini Light, which measures nearly 2 inches long. It features a cylindrical-shaped plastic housing that emits a beam of light as well as illuminating the transparent area above the midsection when its bottom portion is turned counterclockwise. There is also a metal key ring that is attached to the bottom portion of the lamp.

You claim that this merchandise should be properly classified under subheading 7326.90.8585, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel in stating that these composite articles are principally designed to function as metal key rings and not as a lamps. However, since the primary function of this merchandise is to provide illumination (being primarily designed, marketed and sold as such), it has been determined that the essential character of these composite articles is imparted by the flashlights and not the key rings.

The applicable subheading for these flashlights with key rings 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 15 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,


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