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HQ 963849




May 26, 2000

CLA-2 RR:CR:GC 963849K

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.40

Ms. Nicolette Llamas
Customs Administrator
Coleman Company
3600 N. Hydraulic
2111 E.37th North
Wichita, KS 67219

RE: Flexible Clip-On Lights

Dear Ms. Llamas:

We have considered your letter of March 21, 2000, concerning the classification of flexible clip-on lights, as a binding ruling request for “prospective transactions” as that term is defined in 19 CFR 177.1(a)(1) (Customs Regulations). Our ruling decision follows.

FACTS:

Three samples of flexible clip-on lights and pages of a catalog were submitted. Flexible clip-on lights, items 828A715K and 828-715T are similar. They each contain a housing unit measuring 6 inches in length and ¾ of an inch in diameter, with a spring operated 2 ¾ inch clip-on attached to a flexible 5 inch neck with a top lamp that is activated by a rotary on/off switch. Two AA cell batteries are required. Item 828-715T, is advertised for hands free use of the light that clips on to a belt, pocket or car visor. Item 828A715K is advertised for kids for rugged outdoor use by clipping the light to a belt, pocket, and backpack or onto a book for a reading light. The third sample is referred to as an inspector’s pocket light. It is similar to the others except that it has a longer flexible neck containing a circular top lamp and push on/off switch. It is advertised as a hands free flexible light that clips on to a belt, pocket, or car visor and also requires two AA cell batteries.

You opined that the lights are classified as lamps, other than flashlights, in subheading 8513.10.40, Harmonized Tariff Schedule of the United States (HTSUS).

ISSUE:

Whether the samples as described are classified as lamps other than flashlights.

LAW AND ANALYSIS:

The classification of imported merchandise under the HTSUS is governed by the principles set forth in the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section and chapter notes and, unless otherwise required, according to the remaining GRI’s, taken in their appropriate order.

Heading 8513, HTSUS, (2000) provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof:

8513.10 Lamps:

8513.10.20 Flashlights.....................general rate of duty, 12.5% 8513.10.40 Other..............................general rate of duty, 3.5%

The three samples are portable electric lamps designed to function by dry batteries and are classified by virtue of GRI 1 under heading 8513 depending on the interpretation of the term “flashlight”.

New York Ruling Letters 867311 dated October 18, 1991 and D89719 dated April 13, 1999, describing similar lamps, were cited to support a claim that the clip-on flexible lights are classified as lamps other than flashlights. In addition, Headquarters Ruling Letter (HRL) 084852 dated March 28, 1990, was cited which defined “flashlights” as “small battery-operated portable electric lights normally held in the hand by the housing itself” to support the position that the clip-on lights are lamps other than flashlights since they are not designed to be held in the hand by the housing.

The definition for a flashlight has been reaffirmed in HRL’s 955356 dated May 20, 1994, 952559 dated March 3, 1993, and others and classification was determined on whether the clip-on lamps were or were not designed to be held in the hand by the housing itself.

HOLDING:

Hands free portable flexible clip-on lights functioning by their own source of energy such as dry cell batteries designed not to be normally held in the hand by the
housing itself but rather to be clipped onto a belt, pocket, backpack, car visor, book, etc., are classified as lamps, other than flashlights, in subheading 8513.10.40, HTSUS.

Sincerely,

John Durant, Director

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