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HQ 967480




June 2, 2005

CLA-2 RR:CR:TE 967480 KSH

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Thomas M. Keating, Esq.
Hodes, Keating & Pilon
Attorneys at Law
39 South La Salle Street, Suite 1020
Chicago, Illinois 60603-1731

RE: Classification of “Hornet™” flash lanterns

Dear Mr. Keating:

This letter is in response to your request of November 1, 2004, on behalf of your client, Fiskars Brands, Inc., for the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a portable battery operated light identified as the “Hornet™ Flashlantern”. A Ssample of the portable light at issue was forwarded with your request. In preparing this decision, consideration was given to the a conference held between you and members of my staff on February 16, 2005, as well as your subsequent letter dated March 1, 2005, related to substantially similar merchandise.

FACTS:

The Hornet™ Flashlantern is a lamp designed for outdoor use. It measures approximately 5-1/4 “ in height, features a cone- shaped housing (composed of advanced polymeric material) that contains three LED light bulbs (two white and one red) covered by a top round-shaped lens. It incorporates three metal stands around the top portion of the housing to serve as a tripod in enabling the flashlantern to stand in a vertical or slanted position and a loop shaped bottom textile cord for hanging. It has a bottom rotary switch which consecutively turns to activate a superbright clear LED bulb with a strong beam of light, one clear LED light emitting a beam of light more diffused than the first lighting mode, one red LED bulb that flashes as an emergency blinker/flashing light, and both white LED lights may be simultaneously to produce a strong beam of light. The bottom portion of the flashlantern may be pressed upwards to allow it to function as a small area light or tent light when hung by the textile cord.

ISSUE:

Whether the “Hornet™ Flashlantern” is classified as a portable electric lamps designed to function by their its own source of energy in subheading 8513.10.2000, HTSUSA, as a flashlights, or in subheading 8513.10.4000, HTSUSA, as other than a flashlights.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRI.

It is your position that the Hornet Flashlantern is classified in subheading 8513.10.4000, HTSUSA, as a portable electric lamps designed to function by its own source of energy, other than a flashlights. You maintain that the shape and design of the Hornet Flashlantern differentiates it from a flashlight. You argue that the flashlantern is not designed to be held in the hand and that it is not held entirely in the hand by its housing because it can be carried or hung by the textile cord accessory, carried by the metal stands or left standing in a horizontal position. You also argue that when contracted into the housing, the metal stands make it inconvenient to hold by the housing.

You argue that the merchandise in New York Rulings (NY) J81265, dated March 4, 2003 and HQ 952087, dated July 23, 1992, which was classified in subheading 8513.10.4000, HTSUSA, are similar in design and use to the article at issue.

There is no dispute that the subject goods are described by and are thus classifiable in heading 8513, HTSUSA. The issue arises at the 8 digit level. Therefore, we begin the analysis using GRI 6. GRI 6 provides that for legal purposes, classification of goods in the subheading of a heading shall be determined according to the terms of those subheadings and any related subheading notes, and mutatis mutandis, to the above rules, on the understanding that only subheadings at the same level are comparable. GRI 6 thus incorporates GRIs 1 through 5 in classifying goods at the subheading level. In addition, unless the context otherwise requires, the relative section and chapter notes also apply.

Note 5 to Section XVI, HTSUS, reads as follows:

5. For the purposes of these notes, the expression "machine" means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of chapter 84 or 85.

Note 3 to Section XVI, HTSUS, dictates that a multi-function machine, such as the Hornet Flashlantern, should be classified according to its principle function. Note 3 to Section XVI, HTSUS, reads in pertinent part as follows:

3. Unless the context otherwise requires . . . other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

The ENs to the section notes state the following in pertinent part:

(VI) MULTI-FUNCTION MACHINES AND COMPOSITE MACHINES

(Section Note 3)

In general, multi-function machines are classified according to the principal function of the machine.

Flashlights have been defined as small, battery operated, portable electric lights normally held in the hand by the housing. Sanyo Electric Inc. v. United States, 496 F.Supp. 1311, aff’d., 642 F.2d 435 (1981). The primary function of a flashlight is to project a beam of light.

While the Hornet Flashlantern incorporates different lighting functions including that as an emergency beacon, such functions do not require classification in subheading 8513.10.4000, HTSUSA. Emergency Bbeacons are classified as electrical visual signaling apparatus of heading 8531, HTSUSA. Although the article incorporates such a function, in accordance with Legal Note 3 to Section XVI, HTSUSA, the article principally functions as flashlight of heading 8513, HTSUSA. See HQ 951855, dated July 24, 1992 (Beam-N-Blink light with flashlight and emergency beacon features classified as a flashlight).

The advertising for Hornet Flashlantern indicates that it may be used as a flashlight, lantern or hanging tent light.

A lantern has a handle on its framework so that it can be carried. An article may be classified as a lantern where it does not have a handle if the lights are not contained within the hand held housing. See NY J81265, dated March 4, 2003. Subheading 8513.10.2000, HTSUSA, covers flashlights. Subheading 8513.10.4000, HTSUSA, covers all other portable electric lamps designed to function by their own source of energy.

The lamp of NY J81265, composed of a bullet shaped body with three separate flexible tube-shaped LED lights, was found to principally function as a lantern because the flexible tube shaped lights were not within the hand-held housing but were affixed to the exterior of the bullet shaped body. The article at issue contains the lighting within the hand held housing of the unit. Thus, it is not substantially similar to the lamp of NY J81265. The light at issue in HQ 952087 was a portable battery operated lamp, in a plastic housing containing a Krypton bulb. It had a molded plastic carrying handle with a removable wrist strap and was capable of floating upright in water. The floating lantern was not classified as a flashlight because the housing of the subject device had a molded plastic carrying handle and was not held in the hand by the housing. Unlike the floating lantern, the Hornet Flashlantern does not have a carrying handle.

Here the principle function of the article is as a flashlight. The article meets the definition of a flashlight as established in Sanyo Electric, supra, and will be used as such. The metal stand and textile cord are secondary attributes to the Hornet Flashlantern. The lighting device in the Hornet Flashlantern functions as a flashlight with an attached cord and metal stand to be temporarily attached to hung from a tree or tent or placed upright. Since the device in question projects a beam of light, is battery-operated and is held in the hand by its housing, the Hornet Flashlantern is a flashlight and cannot simultaneously be considered something "other than a flashlight." As between the two subheadings at issue, only the text of subheading 8513.10.2000, HTSUSA, describes the article, and it does so eo nomine.

HOLDING:

The “Hornet™ Flashlantern” is classified in subheading 8513.10.2000, HTSUSA, the provision for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof: Lamps: Flashlights." The general column one duty rate is 12.5 percent ad valorem.

Sincerely,

Myles B. Harmon, Director

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