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NY N019777




November 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000; 8513.10.4000

Ms. Earline Thomas
Energizer Battery Manufacturing, Inc.
25225 Detroit Road
Westlake, OH 44145

RE: The tariff classification of rechargeable lighting products from Hong Kong.

Dear Ms. Thomas:

In your letter dated November 12, 2007, you requested a tariff classification ruling.

The merchandise under consideration consists of four Light on Demand™ products, identified in your ruling request as the Wallplate Nightlight, Tabletop Nightlight, Compact Light Center and the Motion Light. Samples of each item were submitted with your ruling request and will be returned to you. Each of the Light on Demand™ products utilizes a light stick, which you refer to as “portable dual-light sticks” (nightlight/flashlight).

The dual-light sticks are small battery powered, handheld devices in the shape of an oval cylinder measuring approximately 2 inches by 1¼ inches and is 5½ inches long, constructed entirely of plastic. One end of the dual-light stick features 2 Light Emitting Diodes (LEDs) beneath a clear lens and functions as a flashlight. The opposite end has metal contacts for making contact with a charger. An additional lens cover measuring approximately 3 inches by 1¾ inches covers one side of the cylinder over a single LED, which functions as a nightlight that provides a dim light to the immediate area. A push-button selector switch is provided, and when pushed once, the LEDs at the end of the dual-light stick illuminate, projecting a focused beam of light. When the push-button is depressed a second time, the end LEDs shut off and the side LED illuminates. A third push turns all light functions off. The dual-light sticks are interchangeable with all Light on Demand™ products.

By virtue of their design, size and shape, the dual-light sticks meet the definition of “Flashlights”, which have been defined in previous Customs and Border Protection (CBP) Rulings as small battery-operated portable electric lights normally held in the hand by the housing itself, whose primary function is to project a beam of light (HQ 084852). (Emphasis added).

The Wallplate Nightlight consists of a plug-in base designed for charging a dual-light stick. This wallplate is designed to plug directly into a standard three-prong polarized duplex wall outlet. On the face of the Wallplate Nightlight is a photo-sensor, duplex receptacle to replace the wall outlet covered by the base and a socket for inserting a dual-light stick. A slide switch is provided to switch from Off to Auto. In use, when plugged into an outlet, the wall plate with light stick inserted, may be used as a night light by switching into the Auto position. The photo-sensor will switch the night light portion of the dual-light stick on at dusk and off at dawn. In the event of a power failure, the nightlight automatically turns on allowing the user to easily locate the light stick for use as a flashlight in an emergency. The dual-light stick may be removed anytime and used as a flashlight.

The Tabletop Nightlight consists of a dual-light stick, charger and power cord. The charger is a docking station designed for charging a light stick. This docking station has a flat base for placing onto any flat surface. It features a socket specifically designed for the dual-light stick, a slide switch, photo-sensor and a two-conductor socket for the power cord. One end of the power cord plugs into the charger and the other end plugs into a standard two-prong 120 V (Volt) outlet. The operation of the Tabletop Nightlight with dual-light stick is identical to the Wallplate Nightlight with light stick.

The Motion Light consists of a motion light stick, charger, wall mount bracket/light diffuser and power cord. The charger is a docking station designed for charging a light stick. This docking station has a flat base for placing onto any flat surface. It features a socket specifically designed for the light stick, three-position slide switch (On/Off/Auto) and a two-conductor socket for the power cord. One end of the power cord plugs into the charger and the other end plugs into a standard two-prong 120 V (Volt) outlet. The light stick imported with the Motion Light is unlike the light sticks imported with the other Light on Demand™ products, however, it is interchangeable with the other products. This particular light stick is identified as a “Motion light stick.” This light stick is the same size and shape of the others, however, there is no side lens for use as a nightlight. The motion light stick features four LEDs beneath a clear lens at one end of the device and functions only as a flashlight. In the other end of the housing is a motion sensor. In use, the mounting bracket/light diffuser is mounted to a wall, after being fully charged the motion light stick snaps into the bracket with the light end facing the light diffuser. With the switch set into the Auto position, the motion light stick will illuminate the diffuser when motion is detected. The motion light stick may be removed anytime and used as a flashlight.

In your letter you suggest classification for the Wallplate Nightlight, Tabletop Nightlight and the Motion Light under subheading 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS) as an other portable lamp or lantern, or under subheading 9405.40.8000, HTSUS as other lamps or lighting fittings. However, the dual-light stick is a rechargeable emergency light that projects a beam of light and is designed for use when carried in the hand. Thus it meets every criterion required for classification as a flashlight under subheading 8513.10.20, HTSUS. As imported, the Wallplate Nightlight, Tabletop Nightlight and the Motion Light with light sticks meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The dual-light stick clearly provides the essential character of these sets.

The sample Compact Light Center consists of a plastic base charger with two bays for charging light sticks. This base features a fixed night light in the center of the two charger bays and a four position slide switch on the top (Auto/Off/Low/On). The back of the center features a power cord and three key-hole type mounting slots for mounting the center to a wall. The Compact Light Center may be imported in a two or four light stick configuration; however, only one dual-light stick will be imported in each. The other bays will hold portable area light sticks. The portable area light sticks are identical in size and shape of the dual-light sticks; however, they do not have a lens at the end of the stick for projecting a beam of light as would a flashlight. The only lens on the area light stick is the side lens cover measuring approximately 3 inches by 1¾ inches on one side of the cylinder. This side lens covers four LEDs, which function as an area light or lantern, unlike the nightlight feature of the dual-light stick with its single LED. Both the dual-light stick and portable area light stick are designed for handheld use. As with the Wallplate Nightlight, the Compact Light Center, in the event of a power failure, will automatically turn on the light sticks allowing the user to easily locate them for use in an emergency. Any of the light sticks may be removed and used at anytime.

In your letter you suggest classification for the Compact Light Center under subheading 9405.10.8010 or 9405.40.8000, HTSUS as other lamps or lighting fittings. However, both light sticks are rechargeable emergency lights designed for use when carried in the hand to provide light. Thus they meet the criterion required for classification as a portable electric lamp under heading 8513, HTSUS. As imported, the Compact Light Centers meet the definition of “goods put up in sets for retail sale.” The dual-light stick and area light stick both merit equal consideration. As per GRI 3(c), classification of the Compact Light Center with one dual-light stick and one area light stick is determined by the component which occurs last in numerical order among those which equally merit consideration. In this instance, the area light stick would occur last. In the case of the four-bay Compact Light Center, the three portable area light sticks would provide the essential character of the set under GRI 3(b).

The applicable subheading for the Wallplate Nightlight, Tabletop Nightlight and the Motion Light will be 8513.10.2000, HTSUS, which provides for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos): Lamps: Flashlights.” The general rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the Compact Light Centers will be 8513.10.4000, 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 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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