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NY G86084




January 25, 2001

CLA-2-85:RR:NC:2:227 G86084

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Vidya Bhavnani
Sun Coast Merchandise Corporation
6315 Bandini Blvd.
Commerce, CA 90040

RE: The tariff classification of flashlights from China.

Dear Ms. Bhavnani:

In your letter dated December 18, 2000, you requested a tariff classification ruling.

The samples submitted consist of the following portable battery-operated lamps:
an oblong-shaped plastic flashlight, referred to as the “Pocket Lamp” (model number LL210), that measures approximately 4 ½ inches in height by 2 inches in width by 7/8 inch in depth. It features a light bulb with reflector and lens situated at its frontal top section, in addition to a frontal sliding mechanism that when moved upward serves to cover the lens while deactivating the light. It also has a belt clip situated along its posterior section and a textile-carrying strap affixed to its bottom portion.
a pen-shaped plastic flashlight, referred as the “Exam Light,” that measures about 4 7/8 inches high by ¾ inch in diameter. This lamp has a built-in metal clip, measuring nearly 1 ½ inches in length and 1/8 inch in width, that when depressed activates the light. There is also an adapter into which the lamp is inserted for recharging its batteries. Although it is stated that the Exam Light will be distributed by pharmaceutical companies and utilized by doctors for examinational purposes, it is primarily designed to function as a flashlight.

The applicable subheading for these flashlights 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 duty rate will be 12.5 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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