The tariff classification of a keychain flashlight from China.

N092141 February 19, 2010 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.2000 Ms. Krista B. Ruffoni Family Dollar Services, Inc. 10401 Monroe Road Matthews, NC 28105 RE: The tariff classification of a keychain flashlight from China. Dear Ms. Ruffoni: In your letter dated January 7, 2010, you requested a tariff classification ruling. The merchandise under consideration is described as the NASCAR® keychain with novelty flashlight, style number 97865, SKU number 1101021. A sample of the item was submitted with your ruling request and will be returned to you. The NASCAR® keychain with novelty flashlight consists of a metal housing in the shape of the hood of a car measuring approximately 2 inches wide by 1 ? inches long by ? inches deep. A one inch metal chain with a keyring is permanently attached to the housing, which is decorated with race car graphics and other designs. Recessed LED (light emitting diode) bulbs are set in the housing in such a way as to resemble car headlights, and emit beams of light when activated. The lights are controlled by a push-button switch on the underside of the housing. The lights remain on as long as the button is depressed, and turn off when the button is released. Headquarters ruling 084852 defined flashlights 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.” The NASCAR® keychain with novelty flashlight meets this definition by virtue of its design. In addition, although the NASCAR® keychain with novelty flashlight incorporates a metal keychain and is considered a composite good, its essential character is that of a flashlight. The applicable subheading for the NASCAR® keychain with novelty flashlight, style number 97865, SKU number 1101021 will be 8513.10.2000, 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: 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