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NY L82274




February 9, 2005

CLA-2-85:RR:NC:1:108 L82274

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000; 7616.99.5090

Mr. Shih Chen Lau
Nocturnal Lights, Inc.
21 Carlyle
Irvine, CA 92620

RE: The tariff classification of scuba-diving lights sets and camera mountings from China.

Dear Mr. Lau:

In your letter received in this office on January 27, 2005, you requested a tariff classification ruling.

The subject merchandise consists of the following diving light sets and camera mountings:
portable battery-operated cylindrical scuba-diving lamps with separate top handles, known as the SL50 and the SL1000 Dive Light Systems. Each has an incorporated battery pack; a separate charger; a lanyard for securing the lamp to the diver’s wrist; and two to three spare halogen bulbs for only model SL50, all inserted into a retail-packed cardboard box.
portable battery-operated cylindrical scuba-diving lamps with separate top handles, known as the TL50, the TL50 Pro, the TL50 Extreme, the TL3500, and the SL2100 Dive Light Systems. Each has a separate cylindrical battery pack connected to the lamp by a waterproof cable, as well as separate charger; a lanyard for securing the lamp to the wrist; and spare halogen bulbs for the above models, excepting TL3500 and SL2100, all designed to be inserted and imported into fitted carrying cases.
portable battery-operated cylindrical scuba-diving lamps with separate top handles, known as the TL50 Twin Beam and TL20 Twin Beam Dive Light Systems. Each model has a pair of lamps with a separate cylindrical battery pack connected to the lamps by two waterproof cables; a separate charger; a pair of lanyards for securing the lamps to the wrists; and spare halogen bulbs, all designed to be inserted and imported into fitted carrying cases.
aluminum camera mountings (not including the camera) that are designed to support all types of underwater cameras.

It is stated that each battery pack has a connector for attachment to the diver’s jacket or weight belt and that the handles of these lamps are designed to accommodate the camera mountings, which are imported separately from the diving light sets. It is further stated that the above scuba-diving light sets will be imported in a manner suitable for sale directly to users without repacking.

It is suggested that these diving light sets should be classified under subheading 9506.29.00, Harmonized Tariff Schedule of the United States (HTS), which provides for articles and equipment for general physical exerciseother sportsother water-sport equipmentparts and accessories thereof: other. This classification is based on their use as accessories for scuba diving, which is stated to fall within the category of sports, physical exercises, or recreational purposes. Although these functional lights may be used in scuba-diving activities, they are not considered accessories for use with any particular article of chapter 95, HTS, thereby precluding consideration of classification under subheading 9506.29.00, HTS.

The applicable subheading for the scuba-diving light sets will be classified under subheading 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.

The applicable subheading for the aluminum camera mountings will be 7616.99.5090, HTS, which provides for other articles of aluminum. The rate of duty will be 2.5 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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