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NY F81663




January 26, 2000

CLA-2-85:RR:NC:2:227 F81663

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Jenette Stuart
Kuehne & Nagel
Worldwide Transport Organization
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of portable lamps from China.

Dear Ms. Stuart:

In your letter dated December 21, 1999, on behalf of Wild Planet Toys, you requested a tariff classification ruling.

The sample submitted, known as the Twist Light, is a portable battery-operated plastic lamp that measures approximately 13 ¼ inches in overall length. It possesses an oval-shaped housing, measuring nearly 3 ¼ inches long, onto which is affixed a flexible tube-like neck. The neck, which measures about 8 ¼ inches in length, is designed for bending and twisting purposes. Further, it is stated that the cylindrical-like lamp head, which is attached to the top portion of the neck, can be turned to function either as a spotlight or floodlight. It is noted that the housing possesses the following features: a clip-on device for attachment to book or pocket; an on/off light switch; and a swing-out storage door for containing a red lens or magnet that can be placed over the light.

It is stated that this lamp should be properly classified under subheading 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. Customs has defined flashlights as small battery-operated portable electric lights normally held in the hand by the housing itself, the primary function of which is to project a beam of light. However, since the subject article is constructed to be primarily utilized for hands-free work rather than being carried in the hand, consideration of classification under subheading 8513.10.2000, HTS, is precluded.

The applicable subheading for the Twist Light 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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