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NY H80990




May 29, 2001

CLA-2-85:RR:NC:2:227 H80990

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Andrea Miller
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a portable lamp from China.

Dear Ms. Miller:

In your letter dated May 8, 2001, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a portable battery-operated cylindrical-shaped lamp of plastic that measures approximately 4 1/3 inches in height with a diameter of 2 1/8 inches. It possesses a red-colored translucent body, containing the batteries, onto which is affixed a top light bulb with reflector that is enclosed within a clear translucent dome-shaped cover. It has a switch mechanism, situated along the length of its body, that when moved upward is designed to raise the interior bulb from a spotlight to a small area lamp or conversely will lower the bulb for the desired light feature. It also possesses the following: a plastic carrying handle (adjustable to serve as a stand) with an adaptable metal stand affixed to lateral sockets for permitting the handle and lamp to be rotated; and a bottom that has three small round-shaped supports for standing purposes, noting all of these characteristics allow the lamp to be positioned for hands-free work.

The applicable subheading for this portable lamp 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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