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NY A86165

August 28, 1996

CLA-2-85:RR:NC:GI: 227 A86165


TARIFF NO.: 8513.10.4000

Ms. Susan Varoff

Archer Freight Systems, Inc.

P.O. Box 460067

San Antonio, TX 78246-0067

RE: The tariff classification of the work light/fan system from China.

Dear Ms. Varoff:

In your letter dated August 2, 1996, on behalf of Builders Square, Inc., you requested a tariff classification ruling.

The sample submitted is a portable plastic battery-operated work lamp and fan combination, known as the "Portable Work Light/Fan System," which measures approximately 34 inches in overall length. It is noted to consist of the following components:
a) a cylindrical housing that measures about 10 inches long and activates the light or fan via an on/off switch mechanism, noting the lamp has multiple light settings and the fan has multiple speed settings;
b) a long flexible neck, measuring nearly 18 inches long, which can be bent into various shapes and configurations;
c) a circular-shape rotating lamp head, measuring about 6 inches long by 3 inches in diameter, that can be removed in order to accommodate the insertion of a swiveling fan attachment that measures approximately 5 inches in diameter. The fan device possesses a turbo switch in order to provide a powerful boost when needed.

Both the housing and the lamp head portions of this article feature push-down mechanisms for detaching these parts from the flexible neck section so that they can be directly attached to each other. Further, the fan attachment, when affixed to the top portion of the flexible neck, can be easily removed and then directly connected to the housing portion.

Based on its adjustable, multi-positionable design, the subject merchandise can be curled around or draped over various objects as well as placed on the ground or worn on the person, depending upon its use as either a light or fan, while working both in and outside of the household area.

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 "Portable Work Light/Fan System" 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 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.


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