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NY 817746

CLA-2-85:RR:NC:GI: 227 817746


TARIFF NO.: 8513.10.4000

Mr. James J. Kelly
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a fan light from China.

Dear Mr. Kelly:

In your letter dated December 21, 1995, on behalf of your client, S.R. Mickelberg Co., Inc., you requested a tariff classification ruling.

The submitted sample, known as the "Fan Light" (item number 700), consists of a portable, battery-operated plastic fan/light. It possesses a plastic base with two inserts for holding its body and removable fan or lamp part. Further, it has a clip-on attachment, situated along its lower portion, as well as an adjustable flexi-neck which, when extended, measures approximately 11 inches in height. At the end of its flexi-neck, there is a fixture designed to secure either the small fan or lamp attachment when required for use.

Since this item is considered to be a composite article that has no one component imparting the essential character of the article, this merchandise will be classified, in noting GRI 3(c), in the heading (in this instance under 8513, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the subject "Fan Light" (item number 700) will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 5.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.


Roger J. Silvestri

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