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NY G84711




December 13, 2000

CLA-2-85:RR:NC:2:227 G84711

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000; 4202.92.3031

Mr. David R. Ostheimer
Lamb & Lerch
233 Broadway
New York, NY 10279

RE: The tariff classification of a portable lamp from China

Dear Mr. Ostheimer:

In your letter dated December 1, 2000, on behalf of Dorcy International, Inc., you requested a classification ruling.

The submitted sample is a rechargeable portable battery operated lamp, identified as the Ultra-Beam Rechargeable Halogen Lantern, in a plastic housing. It measures 8.5 inches in length and has a molded plastic carrying handle. The lamp is imported together with an AC-DC adapter and a nylon drawstring stuff tote bag, packed ready for sale at retail. The three items are a set for tariff purposes with the lamp imparting the essential character.

The applicable subheading for the ultra-beam rechargeable halogen lantern set will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps, with their own source of energy, other than flashlights. The duty rate will be 3.5 percent ad valorem.

The nylon drawstring stuff tote bag is classifiable in subheading 4202.92.3031, HTS. An item classifiable in subheading 4202.92.3031, HTS, falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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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