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April 13, 1999

CLA-2-85:RR:NC:2:227 D89719

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Joshua Levy
Atico Intl. USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a portable lamp from China.

Dear Mr. Levy:

In your letter dated March 24, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a portable plastic battery-operated lamp, item number H02A-0835 (referred to as the “Flexi-Lite”), which measures approximately 9 3/4 inches long. It possesses the following components: a housing with a clip-on attachment; a flexible neck measuring nearly 3 1/2 inches in length; and a top lamp that is activated via a rotary on/off switch mechanism. It is designed to be utilized on such materials as books and maps while reading and traveling respectively, in addition to spotlighting hard-to-reach areas for allowing hands-free operations.

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 3.5 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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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