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NY K84325




April 13, 2004
CLA-2-85:RR:NC:1:108 K84325

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. Michael Borchert
Vector Products, Inc.
4140 SW 28th Way
Ft. Lauderdale, FL 33312

RE: The tariff classification of a power failure light from China.

Dear Mr. Borchert:

In your letter dated February 22, 2004, you requested a tariff classification ruling.

The submitted sample, referred to as the “Power Failure 3-Way Flashlight” (the VEC 116 series) is a rechargeable power failure light in the shape of a standard flashlight measuring approximately 9 inches long. It
features the following: a rechargeable top krypton light bulb that emits a powerful light beam; a cold-cathode fluorescent bulb encased in a clear-transparent plastic window, measuring about 3 inches long by 1 inch wide, which is incorporated in the outer portion of the flashlight’s handle; a tri-LED light, which is situated at the bottom-inner handle of the flashlight, that emits a strong light beam; a small LED red light at the base of the handle; a battery compartment along the inner portion of the flashlight’s handle; a push-button light mechanism situated above the fluorescent lamp; and a wall charger. It also has plastic wall docking station designed to accommodate the insertion of the flashlight. In the event of a power outage, the circuitry within this article will automatically activate the fluorescent lamp, noting the light mechanism will then be used to activate the top and bottom flashlight features.

You state that this power failure light primarily functions to illuminate an area by means of its cold-cathode fluorescent lamp and that its secondary role is the use of the flashlight to light the way for safe passage during the power failure. However, the subject merchandise is found to be principally designed to function as a flashlight in noting that it can easily be held in the hand by the housing for the express purpose of emitting two strong beams of light from the top and bottom lamps. Moreover, it is strongly advertised as a “3-Way Flashlight” so that the consumer will naturally expect to purchase and utilize this light as a “flashlight” in an emergency condition when the power fails. In this regard, the fluorescent lamp serves a subsidiary role to activate during a power failure for the purpose of easily locating this flashlight.

The applicable subheading for this power failure light 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 or 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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