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NY A85390

July 30, 1996

CLA-2-85:RR:NC:GI: 227 A85390


TARIFF NO.: 8513.10.2000

Ms. Astra Galins
Cyrk, Inc.
3 Pound Road
Gloucester, MA 01930

RE: The tariff classification of a flashlight from Taiwan and China.

Dear Ms. Galins:

In your letter dated June 27, 1996, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a plastic battery-operated cylindrical-shape flashlight, known as the "T-Lite" (K-440) mini lantern, which measures approximately 8 inches long by 2 1/4 inches at its widest point. It possesses an adjustable torch light that can be extended upwards at various angles until it reaches a vertical position. It also has the additional features of a fluorescent bulb, measuring about 4 1/2 inches in length, which is situated along its side and secured via snap-closure doors as well as a flat bottom which enables the lamp to be placed vertically on a leveled surface. There is a slide-switch light mechanism that activates the torch light when slid forward and the fluorescent lamp when slid backwards. Although this light is referred to as a "mini lantern," it is considered to be essentially a flashlight which has been defined as a small battery-operated portable electric light normally held in the hand by the housing itself, the primary function of which is to project a beam of light. In this case, the subject lighting device operates as a flashlight with the supplementary feature of a fluorescent lamp contained in its plastic housing.

The applicable subheading for this flashlight, known as the "T-Lite" (K-440), 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...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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