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July 9, 1999

CLA-2-85:RR:NC:2:227 E83791

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000

Mr. Roger Strube
E & M Engineering, Inc.
175 Dabney Rd.
Richmond, VA 23230

RE: The tariff classification of pen lights from China.

Dear Mr. Strube:

In your letter dated June 23, 1999, you requested a tariff classification ruling.

The sample submitted, identified as the medical examination pen light, is a plastic portable battery-operated lighting device that is cylindrical-in-shape and measures approximately 4 ¾ inches long. The light is activated by pressing on the metal pocket clip.

Although this item is referred to as a “medical examination light,” it has been determined to meet the definition of 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.

The applicable subheading for the pen light 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 energyflashlights. The rate of duty will be 12.5 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 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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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