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January 7, 1999

CLA-2-85:RR:NC:2:227 D85765


TARIFF NO.: 8513.10.2000; 9608.10.0000

Mr. Scott D. Noe
Tower Group IntÂ’l.
821 2nd Avenue, #1400
Seattle, WA 98104-1476

RE: The tariff classification of a flashlight and a flashlight/ballpoint pen combo from China.

Dear Mr. Noe:

In your letter dated December 16, 1998, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following:
a) a plastic credit card-shaped flashlight, item number B0085, which measures approximately 2 inches by 3 inches. The small bulb, situated at the top midsection of the housing, is activated by depressing the midsectional area on the front portion of the housing.
b) a plastic flashlight and ballpoint pen combination, item number B0088, which measures approximately 2 inches by 3 inches. It is similarly constructed with the same operational mechanism to the above light, excepting the built-in flat ballpoint pen that can be removed from its enclosure.

In regard to the above flashlight/ballpoint pen combo, it has been determined, noting GRI 3(b), that there is no one component of this composite article that imparts the essential character. Therefore, with respect to GRI 3(c), when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading (in this instance 9608, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the credit-card shaped flashlight, item number B0085, 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 12.5 percent ad valorem.

The applicable subheading for the combination flashlight/ballpoint pen, item number B0088, will be 9608.10.0000, HTS, which provides for ballpoint pens. The rate of duty will be 0.8 cents each plus 5.4 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 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.


Robert B. Swierupski

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