The tariff classification of flashlights from China.

N064257 June 23, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.2000 Mr. Neil R. Trenchard Siemens Corporation 170 Wood Avenue South Iselin, NJ 08830 RE: The tariff classification of flashlights from China. Dear Mr. Trenchard: In your letter dated May 6, 2009, you requested a tariff classification ruling on behalf of your client Osram Sylvania Products (“OSI”). The merchandise under consideration is identified as the LED Power Failure Light, and two PalPODzzz™ Portable Nightlights. Samples of all three items were submitted with your ruling request and will be returned to you. From the advertising literature and information you provided, the LED (Light Emitting Diode) Power Failure Light is a battery powered rechargeable power failure light, flashlight and nightlight that measures approximately 4½ inches in height, 2 inches in width, with a depth of ½ inch. This item is constructed of a plastic housing with non-slip strips on both sides and features three bright white LEDs beneath a clear lens on one end of the housing with a single on/off push-button. On the opposite end of the housing is a single LED and photo-sensor under a clear plastic lens. On the back of the light is a built-in two-prong plug, which folds into the housing when not in use. When plugged into a standard wall outlet the Power Failure Light functions as a night light, illuminating the single LED automatically at dusk. In the event of a power failure or when removed from the outlet, the three LEDs automatically illuminate, and the light functions as an emergency flashlight for up to 7 hours under a full charge. The PalPODzzz™ Portable Nightlights are battery powered rechargeable power failure flashlights available in two styles, one in the form of a Rocket Ship and the other a Ladybug. From the advertising literature and information you provided, the PalPODzzz™ Portable Nightlights provide soft ambient light perfect for nighttime with a removable flashlight which is ideal for reading, playing with friends or as a power failure safety light. Both items are constructed mainly of plastic and packaged together with a charging base. The removable flashlight in the form of a rocket ship with three fins measures approximately 5 inches tall with a diameter of 2¾ inches at the midsection. This item features three bright white LEDs beneath a lens on its nose and a single on/off push-button switch on its midsection. The bottom of the rocket ship features a single socket for plugging into the charging base. The ladybug measures approximately 3 inches long by 2 inches wide and 1½ inches tall. One end of the ladybug features three bright white LEDs beneath a lens. On the bottom of the ladybug is a single push-button on/off switch and two metal contacts which align to two metal terminal pins in the base for charging the flashlight when resting on the base. Both bases feature photo sensors that automatically illuminate the base at dusk with a soft ambient light for use as a nightlight. The flashlights function similarly to the LED Power Failure Light in that they will automatically illuminate during a power failure or when removed from their bases. The PalPODzzz™ Portable flashlights fit comfortably in the hand and offers up to 4 hours of use when fully charged. Although the bases function as nightlights, their primary function is that of recharging the flashlights. In your letter you suggest classification under subheading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), for other electric lamps and lighting fittings. However, “Flashlights” have been defined in previous Customs Rulings as small battery-operated portable electric lights normally held in the hand by the housing itself, whose primary function is to project a beam of light. (See HQ 084852) The LED Power Failure Light and the PalPODzzz™ Portable Nightlights meet this description by virtue of their design. The applicable subheading for the LED Power Failure Light, and two PalPODzzz™ Portable Nightlights will be 8513.10.2000, HTSUS, which “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 National Commodity Specialist Division