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NY N013463




July 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. Mark Matsudaira
All Freight International, Inc.
131 S.W. 156th Street, #200
Seattle, WA 98166

RE: The tariff classification of a flashlight from China.

Dear Mr. Matsudaira:

In your letter dated June 20, 2007, you requested a tariff classification ruling on behalf of your client, Ampro North America Corporation.

The merchandise under consideration is the Ampro 6-LED Flashlight w/Magnetic Pickup. A sample was submitted with your ruling request and will be returned to you.

The Flashlight w/Magnetic Pickup is a small battery operated tubular flashlight with 6 Light Emitting Diode (LED) lamps/bulbs. The housing is constructed entirely of metal measuring approximately 7 inches long with a diameter of ½ inch. The flashlight is powered by 4-LR44 button cell batteries located beneath a push-button on/off switch at one end of the housing. The opposite end of the housing expands to a 1 inch diameter rotating head which features 6 LED lamps under a clear lens. In the center of the lens is a retractable telescopic shaft consisting of several 3 inch sections which retract completely into the center of the flashlight housing. When the LED head is pulled outwards, a inch round magnetic tip on the telescopic shaft is exposed, allowing the user to extend the shaft up to 20 inches from the housing. The magnet serves as a pickup tool for retrieving small metal objects from confined areas or tight quarters.

Headquarters Ruling 952559 defined flashlights as “small battery-operated portable electric lights normally held in the hand by the housing itself, the primary function of which is to project a beam of light.” The Ampro 6-LED Flashlight w/Magnetic Pickup meets this definition by virtue of its design. Additionally, although the Flashlight w/Magnetic Pickup is considered a composite good, its essential character is that of a flashlight.

The applicable subheading for the Ampro 6-LED Flashlight w/Magnetic Pickup will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Portable electric lamps designed to function by their own source of energy: Lamps: Flashlights.” The general rate of duty will be 12.5 percent ad valorem.

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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