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NY L86007




June 29, 2005

CLA-2-85: RR: NC: 1:108 L86007

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.40

Mr. Daniel L Vesque
UTC Overseas, Inc.
114 Seaview Drive
Secaucus, NJ 07094

RE: The tariff classification of battery operated light from China.

Dear Mr. Vesque:

In your letter dated June 1, 2005 and received in this office on June 28, 2005 you requested a tariff classification ruling.

The item in question is battery-operated lamp (sample enclosed). It is approximately 3 inches in length and is connected, via a wire, to the battery holder/control device. The light is designed for insertion into a balloon for use with the Leukemia Society’s “Light the Night” event. Marchers will light their hand-held balloons with the portable battery operated lamp.

The applicable subheading for the light will be 8513.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides 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: Other. 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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