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NY F88760

July 7, 2000

CLA-2-85:RR:NC:2:227 F88760


TARIFF NO.: 8513.10.4000

Mr. Donald Fischer
PricewaterhouseCoopers, LLP
555 California Street
San Francisco, CA 94104

RE: The tariff classification of lanterns from China.

Dear Mr. Fischer:

In your letter dated June 20, 2000, on behalf of Freeplay Energy USA, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, consists of two types of portable battery-operated lanterns composed of clear plastic or ABS, nylon and reinforced materials. It is stated that one lantern, model FPSL, measures approximately 7 inches in height by 10 inches in length by 5 ½ inches in width, while the other lantern, model 2020, measures about 7 ½ inches in height by 11 3/5 inches in length by 4 1/10 inches in depth. Both of these models possess a molded top carrying handle and a flat horizontal base for standing purposes. They feature a large circular head containing a double filament high-efficiency Xenon-filled bulb and a transparent plastic lens, in addition to the light settings situated at the top of these lanterns. These lamps are also equipped with rechargeable batteries that are charged by an AC/DC adapter plugged into the socket on the rear of the lantern or by a 12V-car adapter. Moreover, model FPSL also allows the lantern to be charged through the use of a winding handle located on the side of the lantern in noting that this handle is connected to a carbon steel spring which drives an internal DC generator.

The applicable subheading for these portable lanterns, models FPSL and 2020, 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 3.5 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.


Robert B. Swierupski

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