The tariff classification of a portable light from China.

N119118 August 27, 2010 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.4000 Mr. Damon D. Piatek Welke Customs Broker USA Inc. 275 Cooper Avenue Suite 103 Tonawanda, NY 14150 RE: The tariff classification of a portable light from China. Dear Mr. Piatek: In your letter dated August 8, 2010, you requested a tariff classification ruling on behalf of your client, Xerebrus Inc. The merchandise under consideration is the Flare XM-1 Lamp. It is made of plastic and measures approximately 2½ inches wide by 3¼ inches high by 2½ inches deep. The Flare XM-1 features an LED (light emitting diode) lamp and reflector under a clear lens, and is powered by one “18500” size battery. Attached to the back of the plastic housing is a universal metal mount for multiple applications, providing hands-free use of the light. A push-button switch allows the user to cycle between high/low settings and off. The applicable subheading for the Flare XM-1 Lamp 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