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NY F80170





December 8, 1999

CLA-2-85:RR:NC:2:227 F80170

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Stacy Haines
Wal-Mart Stores, Inc.
702 SW 8th St.
Bentonville, AR 72716-4318

RE: The tariff classification of flashlights from China.

Dear Ms. Haines:

In your letter dated November 5, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic battery-operated flashlight, known as the Swivel Head Clip Light (style number 41-2400), that measures approximately 5 3/8 inches long by 1 ½ inches wide by 7/8 inch deep and features a swivel head that contains a reflector and small light bulb. It also possesses a clip-on attachment affixed to the posterior portion of the body as well as a push button mechanism, situated on the frontal section, that activates the light.

The applicable subheading for this flashlight 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 energylamps: flashlights. The rate of duty will be 12.5 percent ad valorem in noting the rate of duty will remain the same commencing in January of 2000.

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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