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NY L82234




February 11, 2005

CLA-2-85:RR:NC:1:112 L82234

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.10.0045; 8513.10.2000; 9405.10.8010

Francine Marcoux
Hampton DIRECT, Inc.
P.O. Box 1199
Williston, VT 05495-1199

RE: The tariff classification of a wireless alarm/chime, door stopper alarm, flashlights and light/safety box from China

Dear Ms. Marcoux:

In your letter dated January 17, 2005, you requested a tariff classification ruling.

The first item concerned is the battery-operated Wireless Alarm & Door Chime (# 20975). It is a rectangular-shaped sound alarm/chime encased in hard plastic measuring 2 ½”H X 1 ¼”W. It is packaged for sale with a rectangular-shaped sensor, also enclosed in hard plastic measuring 2 ¼”H X ½”W. The Alarm/Chime and sensor are meant to be mounted side-by-side with the Alarm/Chime on a door or window and the sensor on the adjoining frame. When the Alarm/Chime is activated (Chime, Off, Alarm switch), it emits a sound if it is moved over ¼” from the sensor (e.g., if the door or window is opened).

You state in your letter that the item number of the Wireless Alarm & Door Chime is # 20970, however the item number shown on the retail packaging of the sample submitted is # 20975; this ruling applies only to item #20975. You also state in your letter that a Customs broker proposed a Harmonized Tariff Schedule of the United States (HTSUS) number for this item of 8306.10.0000. The heading of HTSUS 8306 reads “Bells, gongs and the like, nonelectric ...”; since the Wireless Alarm & Door Chime is battery-operated, it cannot be classified under this heading.

The second item concerned is the Door-Stopper Alarm (# 25350). It has a rectangular-shape which slopes downward and is encased in hard plastic with a spring-loaded metal plate over approximately half of the top portion; the bottom of the item is almost completely covered with ridged rubber. The purpose of this item is to act as an alarm - when the bottom of a door, under which the thinnest part of the Door-Stopper Alarm is shoved, presses down on the metal plate covering the top of the item, a 100 decibel sound (alarm) is produced. It is battery-operated and has an Off-On switch.

The applicable subheading for the Wireless Alarm & Door Chime (# 20975) and the Door-Stopper Alarm (# 25350) will be 8531.10.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric sound ... apparatus ... : ... similar apparatus: Other: Other. The rate of duty will be 1.3%.

The third item is a set of two LED Flashlights (# 25590) packaged together for retail sale with an AAA battery. The first flashlight is manufactured to be charged and recharged by a vehicle battery when the flashlight is inserted into the cigarette lighter of the vehicle. This flashlight is made of plastic, is cylindrical in shape and is 4 ¼” in length. The second flashlight is battery-operated, waterproof and is labeled a “torch”. It is made of metal and plastic, is 4” in length and has an attached nylon carrying/hanging loop. The function of both flashlights is to provide illumination. You state in your letter that a Customs Broker proposed classification of this item under subheading 8513.10.1163 of the Harmonized Tariff Schedule of the United States (HTSUS); there is no such subheading.

The applicable subheading for the LED Flashlights (# 25590) 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%.

The last item is the Fluorescent Light & Safety Box (# 25810). It is rectangular in shape and is made of hard plastic. On top, there is an enclosure housing an 8”L, 6 watt fluorescent light bulb; the enclosure is covered with a clear, ridged sheet of hard plastic. On one side is a latch lock labeled “Lock” and “Unlock”. When the latch is in the “Unlock” position, the bottom of the item slides off. Within the item is another “false” hard plastic bottom with a manual latch. When this latch is pulled, the “false” bottom is removable and a square, removable box covered in imitation felt is revealed. To the side of this box is a compartment for 4 C-size batteries. Also on other sides of the item are an “On-Off” switch for the fluorescent light and a single-plug receptacle for an AC/DC electrical adaptor. Included with the Box are four mounting screws.

The applicable subheading for the Fluorescent Light & Safety Box (# 25810) will be 9405.10.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for ... lighting fittings ... not elsewhere specified or included ... : other electric ... wall lighting fittings ... : Other: Household. The rate of duty will be 3.9%.

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 Alarms, contact National Import Specialist Richard Laman at 646-733-3017 and, if you have any questions concerning the Flashlights or Light Box, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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