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NY N004541




December 21, 2006

CLA-2-85:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Mr. Shane Brooks
Summit Products, LLC
7299 Gadsden Hwy
Trussville, AL 35173

RE: The tariff classification of a portable lamp from China.

Dear Mr. Brooks:

In your letter you requested a tariff classification ruling. The sample provided will be returned as requested.

The merchandise under consideration is the Backyard Safari Night Vision Headlamp. It consists of a battery-powered plastic lamp mounted on adjustable textile straps. The straps are designed to fit over the user’s head, allowing hands-free use of the lamp.

This headlamp measures approximately 2.5” long by 3” wide by 1.5” deep. It consists of one clear filament lamp flanked on either side by a red LED lamp. The headlamp features a slide switch which allows the user to choose between illuminating the filament lamp alone, illuminating the two red LED lamps by themselves, illuminating all three lamps at once, or turning all the lamps off. A push-button next to the slide switch permits temporary use of the red LED lamps, as long as the user continues to press the button. When the button is released, the red LEDs turn off.

The applicable subheading for the Backyard Safari Night Vision Headlamp will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)Lamps: Other.” The general rate of duty will be 3.5% ad velorum.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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