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NY M80507

March 3, 2006

CLA-2-85: RR: NC: 1:108 M80507


TARIFF NO.: 8513.10.2000

Mr. Jim Gallagher
C.H. Robinson Worldwide, Inc.
8855 Columbine Road, #400
Eden Prairie, MN 55347

RE: The tariff classification of a flashlight with key ring from China.

Dear Mr. Gallagher:

In your letter dated February 6, 2006 and received in this office on March 2, 2006 you requested a tariff classification ruling.

The item in question is a small battery operated flashlight attached to a split-wire key ring (sample provided). The battery-operated flashlight is in the form of a baseball cap. When the small button on top of the hat is pressed it activates the light. It should be noted that the illumination produced by the battery operated flashlight projects away from the metal key ring.

You have suggested a classification under HTS number 7326.20.0070. This office does not agree with your position based upon Headquarters Ruling 966409. This office is in concurrence with this ruling and classification will be accordingly.

The applicable subheading for the battery operated flashlight key ring will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which 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: Lamps: Flashlights. The rate of duty will be 12.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.


Robert B. Swierupski

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