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HQ 087030

August 8, 1990

CLA-2 CO:R:C:G 087030 AJS


TARIFF NO.: 8513.10.40

John J. Martuge
Area Director
J.F.K. Airport
Building 178
Jamaica, New York 11430

RE: Internal Advice request 22/90 regarding portable video lights

Dear Mr. Martuge:

Your memorandum of March 20, 1990, requesting internal advice on behalf of Columbia Shipping Inc., has been forwarded to this office for reply.


The article at issue is a portable, cordless battery- operated video light. It is made of plastic and provides 20 watts of halogen light. It is used with video cameras and camcorders to provide up to 27 minutes of continuous lighting.


Whether the article in question is classifiable within subheading 8513.10.40, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[p]ortable electric lamps designed to function by their own source of energy . . . parts thereof: [l]amps: [o]ther."; or classifiable within 9006.61.00, HTSUSA, which provides for "[p]hotographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading 8539; parts and accessories thereof: [p]hotographic flashlight apparatus and flashbulbs: [d]ischarge lamp ("electronic") flashlight apparatus."


Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes.

Heading 8513, HTSUSA, provides for portable electric lamps which possess their own power source. The Explanatory Notes (ENs) constitute the official interpretation of the Harmonized Tariff System at the international level and are useful in ascertaining the classification of merchandise under the HTSUSA. House Conf. Rep. No. 100-576 100th Cong., 2d Sess. 548 (1988) at 549. The ENs to heading 85.13 state that portable electric lamps comprise two elements (i.e., the lamp proper and the source of electricity) which are usually mounted and directly connected together, often in a single case. The video light at issue satisfies this description. The term "portable lamps" refers only to those lamps which are designed for use when carried in the hand or on the person. ENs 85.13. Furthermore, they usually have a handle or a fastening device and may be recognized by their particular shapes and their light weight. ENs 85.13. The video light is designed for use when carried in the hand or attached to a camcorder or video camera, and are lightweight. Therefore, the video light satisfies the description of a portable electric lamp as described within heading 8513. More specifically, this type of video light is specifically provided for within subheading 8513.10.40, HTSUSA.

Heading 8525, HTSUSA, provides for video cameras and camcorders. Parts of these articles are provided for within heading 8528. However, there is no specific provision for apparatus or accessories used with video cameras or camcorders within this heading. Thus, although the video light is principally intended to be used with video cameras and cam- corders, it cannot be classified with these articles.

Heading 9006, HTSUSA, provides for photographic flashlight apparatus. These apparatus consist of flashlight apparatus and flashbulbs which are used for professional or amateur photo- graphy, in photographic laboratories or in photogravure work. ENs 90.06. The video light is used with video cameras and camcorders, and not for the purposes described in the ENs. In addition, flashlight apparatus and flashbulbs produce very bright light for a very short duration. ENs 90.06. The video light also does not satisfy this description, instead it produces a steady beam of light for up to 27 minutes. Accordingly, the video light cannot be classified within heading 9006 based on the fact that it does not satisfy the terms of this heading.

Portable electric lamps classifiable within heading 8513 are specifically excluded from classification within chapter 90. Chapter 90, Note 1(g). Based on the fact that the video light is classifiable within heading 8513, it is excluded from classification within heading 9006.


This office agrees with your assessment that the portable video lights at issue are properly classifiable within subheading 8513.10.40, HTSUSA. You should advise the internal advice applicant of this decision.


John Durant, Director
Commercial Rulings Division

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