The tariff classification of a flashlight from China.

N065188 July 9, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.2000 Ms. Julie Bakhshpour Aloha Customs Services 9215 Hall Road Downey, CA 90241 RE: The tariff classification of a flashlight from China. Dear Ms. Bakhshpour: In your letter dated June 12, 2009, you requested a tariff classification ruling on behalf of your client Blackbeam LLC. The merchandise under consideration is the Blackfire Clamplight, model number BBM888. A sample of the Clamplight was submitted with your ruling request and will be returned to you. The submitted sample is a battery powered, hand-held flashlight, with a cylindrical plastic housing measuring approximately 8 inches long by 2¼ inches in diameter at its widest point, which is the lens head. This is a versatile light shaped like a traditional flashlight for hand-held use and ease of portability. It features a swivel head that takes up approximately 2¼ inches of the flashlight body and contains a single recessed LED (light emitting diode) light and reflector under a clear lens at one end. The remaining 5¾ inches of the flashlight body incorporates a clamp-like device at the opposite end with locking mechanism, foot pads, On/Off push-button switch and battery compartment for 3 “AAA” size batteries. The clamp allows the flashlight to be temporarily attached to various objects for hands-free operation. The locking mechanism locks the clamp in the open position to form a stand. The non skid foot pads at the end of the clamp provide stability to the light when placed onto a flat surface in the standing position. The two axis swivel head rotates 180° and pivots 90º to provide light where it is needed. “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 Blackfire Clamplight meets this description by virtue of its design. The applicable subheading for the Blackfire Clamplight, model number BBM888, 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