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NY I87118

October 21, 2002

CLA-2-85:RR:NC:2:227 I87118


TARIFF NO.: 8513.10.2000

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192 Street, Suite 900
SeaTac, Washington 98148

RE: The tariff classification of a mini flashlight with key ring and snap hook from China.

Dear Ms. Heavey:

In your letter dated September 27, 2002, on behalf of Play Visions, Inc., you requested a tariff classification ruling.

The sample submitted, identified as “Personal Black-Lite” (item 1308), is a mini flashlight that has attached to it a metal chain with a key ring and snap hook. The flashlight measures approximately 1.5 inches long and has a push button mechanism on the housing to activate a blue light. The article is a composite good with the essential character imparted by the flashlight

You maintain that the item should be classified under subheading 8513,10.4000, HTS, which covers lamps other than flashlights. However, since the light portion of item 1308 is held in the hand and emits a beam of light, it meets the Customs definition of a flashlight.

The applicable subheading for the mini flashlight with key ring and snap hook, item 1308, 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, flashlights. 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 646-733-3028.


Robert B. Swierupski
National Commodity

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