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NY A84628

July 3, 1996

CLA-2-85:RR:NC:GI: 227 A84628


TARIFF NO.: 8513.10.2000

Mr. Herbert William Julich
Delmar International, Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a flashlight from China.

Dear Mr. Julich:

In your letter dated May 23, 1996, on behalf of Hachi International, you requested a tariff classification ruling.

The sample submitted is a plastic battery-operated flashlight, measuring approximately 6 inches long, that possesses a torch light, which when extended, reveals an amber light with signaling capability. It also features an on/off slide-switch mechanism on the front portion of its housing as well as the wording "Automobile" located beneath the switch.

Although this lamp is referred to as a "multipurpose emergency light," it meets nonetheless the criteria of a flashlight which is defined as a small battery-operated portable electric light, normally held in the hand by the housing itself, whose primary function is to project a beam of light. The applicable subheading for this flashlight will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy...lamps: flashlights. The rate of duty will be 20 percent ad valorem.

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 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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