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NY J87903




September 2, 2003

CLA-2-85:RR:NC:2:227 J87903

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. Paul Vroman
Danzas AEI Intercontinental
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of novelty flashlights with snap hooks from China.

Dear Mr. Vroman:

In your letter dated August 5, 2003, on behalf of Lansky Lights, you requested a tariff classification ruling.

The submitted samples, referred to as the “Sport N’ Lites,” are small novelty plastic ball-shaped LED flashlights (simulating a basketball and tennis ball) that measure about 1 ¼ inches in diameter. Each flashlight features a built-in narrow opening along the circumference of its midsection with the light activated in pressing the top and bottom halves together. Also, each article has a metal snap hook, affixed to the opposite side of the LED light, that is designed for instance to secure a key or attach to a bag. This merchandise will also be imported with the flashlights shaped in the form of other sports balls, e.g., baseball and football.

It is claimed that these composite articles are primarily novelty key chains (determined to be “snap hooks’’). However, the essential character of this merchandise has been found to be imparted by the novelty flashlight based on its principal function to operate as a “light” which is supported by the strong advertisement on the retail packaging.

The applicable subheading for these novelty flashlights with snap hooks 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 rate of duty 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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