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NY N020215




December 12, 2007

CLA-2-85:OT:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.4000, 8513.10.2000

Ms. Earline Thomas
Energizer Battery Manufacturing, Inc.
25225 Detroit Road
Westlake, OH 44145

RE: The tariff classification of rechargeable lighting products from Hong Kong.

Dear Ms. Thomas:

In your letter dated November 12, 2007, you requested a tariff classification ruling. The submitted samples will be returned to you.

The merchandise under consideration consists of three Light on Demand™ products, identified in your ruling request as the Rechargeable Area Light Stick, the Rechargeable Dual Light Stick, and the Rechargeable Motion Light. These items are replacement light sticks for the lighting products considered in NY Ruling N019777.

The Rechargeable Area Light Stick is a small battery powered, handheld device in the shape of an oval cylinder measuring approximately 2 inches by 1¼ inches and is 5½ inches long, constructed entirely of plastic. One side of the cylinder features a clear lens measuring approximately 3 inches by 1.75 inches. The side lens covers four light emitting diode (LED) bulbs which function as an area light or lantern. An on-off push-button switch, located on the same side of the cylinder as the lens, activates the light.

In your ruling request you suggest classification of the Rechargeable Area Light Stick as 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), as other lamps or lighting fittings. However, this light stick meets the criterion required for classification as a portable electric lamp under Heading 8513, HTSUS. It is designed to function by means of a self-contained source of electricity, in this case a 3.6 Volt (V) rechargeable Ni-MH Battery, and is designed for handheld use.

The Rechargeable Dual Light Stick is identical in size and shape to the Area Light Stick; however, in addition to the side lens, one end of the dual light stick features two LED bulbs beneath a clear lens, and functions as a flashlight. A push-button selector switch is provided, and when pushed once, the LEDs at the end of the dual-light stick illuminate, projecting a focused beam of light. When the push-button is depressed a second time, the end LEDs shut off and the side LED illuminates. A third push turns all light functions off. This light stick is powered by a 3.6 V rechargeable Ni-MH Battery.

In your ruling request you suggest classification of the Rechargeable Dual Light Stick as either 8513.10.4000, HTSUS as other portable lamp or lantern, or 9405.40.8000, HTSUS, as other lamps or lighting fittings. However, by virtue of its design, size and shape, the dual-light stick meets the definition of “Flashlight”, which has been defined in previous Customs and Border Protection (CBP) Rulings as a small battery-operated portable electric light normally held in the hand by the housing itself, whose primary function is to project a beam of light (HQ 084852) [emphasis added].

The Rechargeable Motion Light is of a similar size and shape as the others, and is also powered by a 3.6 V rechargeable Ni-MH Battery. However, there is no side lens for use as a lantern. The Motion Light stick features four LEDs beneath a clear lens at one end of the device, and functions only as a flashlight. The front panel of the housing features a motion sensor and a three-mode slide switch. In addition to “on” and “off” modes that operate the flashlight manually, the switch may be set to “Auto”, which activates the motion sensor. When movement is detected, the motion sensor turns the flashlight on.

In your ruling request you suggest classification of the Rechargeable Motion Light as 9405.40.8000 HTSUS as other lamps or lighting fittings. However, like the Rechargeable Dual Light Stick, the design, size and shape of the Motion Light cause it to meet every criterion required for classification as a flashlight under subheading 8513.10.20, HTSUS.

The applicable subheading for the Rechargeable Area Light Stick will be 8513.10.4000, HTSUS, which provides for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos): Lamps: Other.” The general rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the Rechargeable Dual Light Stick and the Rechargeable Motion Light will be 8513.10.2000, HTSUS, which provides for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos): Lamps: Flashlights.” The general 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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