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NY F88519





July 11, 2000

CLA-2-85:RR:NC:2:227 F88519

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a lantern from China.

Dear Mr. Hoffacker:

In your letter dated June 9, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, is a portable battery-operated oblong-shaped lantern of plastic, item number 8068B, that measures approximately 7 ½ inches in length. It features a spotlight, measuring about 3 ½ inches in diameter, and a molded top carrying handle.

It is indicated that this lamp may be 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. However, since this lamp is not designed to be a flashlight for tariff purposes, consideration of classification under subheading 8513.10.2000, HTS, is precluded.

The applicable subheading for this lantern, item number 8068B, 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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