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NY K86740




June 22, 2004
CLA-2-85: RR:NC:1:108 K86740

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Ms. Vickie Hancock
Exel Global Logistics, Inc.
2544 East Landstreet Road, Ste. 200
Orlando, FL 32824

RE: The tariff classification of pocket flashlights from China.

Dear Ms. Hancock:

In your letter dated June 1, 2004, on behalf of Adva-Lite, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the information and prototype samples submitted, are two portable battery-operated plastic flashlights with streamlined triangular-shaped bodies. The flashlight, stated to be item number 006, measures approximately 5 ½ inches long and has a top plunger-like mechanism for clicking the light on and off, while the other flashlight, stated to be item number 606, measures about 3 ¼ inches long and has a top plunger-like mechanism that needs to be manually held down for the light to remain active. The larger flashlight has a built-in plastic clip for affixing to a shirt pocket, while the smaller one lacks the pocket clip. Both of these lamps are stated to be used for medical use.

The applicable subheading for these pocket 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 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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