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NY M80775




February 21, 2006

CLA-2-85:RR:NC:1:108 M80775

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a portable electric lamp from China.

Dear Ms. Aldinger:

In your letter dated January 18, 2006, you requested a tariff classification ruling.

The submitted sample is a battery-operated cylindrical-plastic lamp, referred to as the “Halloween Torch” (item number 944865), which measures approximately 18 inches high when fully extended and 12 inches high when not extended. It has a white-colored translucent-telescopic body with a black-colored handle and an orange slide-switch mechanism. Further, it has a removable, three-dimensional skull top in noting a similarly constructed lamp is also stated to be imported with a pumpkin-like top. When the lamp is activated, its telescopic body, inclusive of the skull top, is lit in the capacity of a safety light. When the skull top is removed, the light suffuses through its body and emits a beam of light.

The applicable subheading for this portable electric lamp, item number 944865, will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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