The tariff classification of a portable electric lamp from China.
Issued April 16, 2009 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 8513.10.4000
Headings: 8513
Product description
The merchandise under consideration is described as the Flickering LED Lantern. A non-working sample of the Flickering LED Lantern was included with your ruling request and will be returned to you. The Flickering LED Lantern is comprised of a flat plastic base measuring approximately 4 inches in diameter and 1½ inches tall with a glass tulip-shaped shade in a traditional lantern style design measuring approximately 7 inches tall. Attached to the base is a plastic finger-loop handle designed to allow use of the lamp while carried in the hand. Within the lamp is a single light emitting diode (LED) bulb. Power is provided by 3 “AA” batteries housed in the base with an on/off switch.
CBP rationale
The applicable subheading for the Flickering LED Lantern will be 8513.10.4000, 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)…: Lamps: Other.
Full text
N056403 April 16, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.4000 Ms. Tamara M. Revesz Mark Feldstein and Associates, Inc. 6500 Weatherfield Court Maumee, OH 43537 RE: The tariff classification of a portable electric lamp from China. Dear Ms. Revesz: In your letter dated March 24, 2009, you requested a tariff classification ruling. The merchandise under consideration is described as the Flickering LED Lantern. A non-working sample of the Flickering LED Lantern was included with your ruling request and will be returned to you. The Flickering LED Lantern is comprised of a flat plastic base measuring approximately 4 inches in diameter and 1½ inches tall with a glass tulip-shaped shade in a traditional lantern style design measuring approximately 7 inches tall. Attached to the base is a plastic finger-loop handle designed to allow use of the lamp while carried in the hand. Within the lamp is a single light emitting diode (LED) bulb. Power is provided by 3 “AA” batteries housed in the base with an on/off switch. The applicable subheading for the Flickering LED Lantern will be 8513.10.4000, 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)…: Lamps: Other.” The general 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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