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May 10, 1999

CLA-2-94:RR:NC:2:227 E81068

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Juan Dominguez
Wal-Mart Stores, Inc.
702 Southwest 8th St.
Bentonville, AR 72716-8023

RE: The tariff classification of an emergency light from China.

Dear Mr. Dominguez:

In your letter dated April 19, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a rechargeable, battery-operated, plastic emergency lantern, item number A5-1176, which measures approximately 8 3/8 inches long. It features the following components: a spotlight measuring nearly 3 1/4 inches in diameter; an amber-colored flashing lamp that is situated opposite a built-in carrying handle; built-in rechargeable batteries; an electrical car plug that is located in the bottom compartment for recharging in the vehicle and a plastic AC adapter that is designed to vertically hold the lamp when recharging at home; and a three-position slide-switch light mechanism for activating the lamps as well as turning off the light. It is stated to be used for boating and camping, in the garage and automobile, and at various job sites and emergencies. The applicable subheading for the emergency lantern 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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