CLA-2 CO:R:C:G 087030 AJS
John J. Martuge
Jamaica, New York 11430
RE: Internal Advice request 22/90 regarding portable video lights
Dear Mr. Martuge:
Your memorandum of March 20, 1990, requesting internal
advice on behalf of Columbia Shipping Inc., has been forwarded to
this office for reply.
The article at issue is a portable, cordless battery-
operated video light. It is made of plastic and provides 20
watts of halogen light. It is used with video cameras and
camcorders to provide up to 27 minutes of continuous lighting.
Whether the article in question is classifiable within
subheading 8513.10.40, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for "[p]ortable
electric lamps designed to function by their own source of energy
. . . parts thereof: [l]amps: [o]ther."; or classifiable within
9006.61.00, HTSUSA, which provides for "[p]hotographic (other
than cinematographic) cameras; photographic flashlight apparatus
and flashbulbs other than discharge lamps of heading 8539; parts
and accessories thereof: [p]hotographic flashlight apparatus and
flashbulbs: [d]ischarge lamp ("electronic") flashlight
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
Heading 8513, HTSUSA, provides for portable electric lamps
which possess their own power source. The Explanatory Notes
(ENs) constitute the official interpretation of the Harmonized
Tariff System at the international level and are useful in
ascertaining the classification of merchandise under the HTSUSA.
House Conf. Rep. No. 100-576 100th Cong., 2d Sess. 548 (1988) at
549. The ENs to heading 85.13 state that portable electric lamps
comprise two elements (i.e., the lamp proper and the source of
electricity) which are usually mounted and directly connected
together, often in a single case. The video light at issue
satisfies this description. The term "portable lamps" refers
only to those lamps which are designed for use when carried in
the hand or on the person. ENs 85.13. Furthermore, they usually
have a handle or a fastening device and may be recognized by
their particular shapes and their light weight. ENs 85.13. The
video light is designed for use when carried in the hand or
attached to a camcorder or video camera, and are lightweight.
Therefore, the video light satisfies the description of a
portable electric lamp as described within heading 8513. More
specifically, this type of video light is specifically provided
for within subheading 8513.10.40, HTSUSA.
Heading 8525, HTSUSA, provides for video cameras and
camcorders. Parts of these articles are provided for within
heading 8528. However, there is no specific provision for
apparatus or accessories used with video cameras or camcorders
within this heading. Thus, although the video light is
principally intended to be used with video cameras and cam-
corders, it cannot be classified with these articles.
Heading 9006, HTSUSA, provides for photographic flashlight
apparatus. These apparatus consist of flashlight apparatus and
flashbulbs which are used for professional or amateur photo-
graphy, in photographic laboratories or in photogravure work.
ENs 90.06. The video light is used with video cameras and
camcorders, and not for the purposes described in the ENs. In
addition, flashlight apparatus and flashbulbs produce very bright
light for a very short duration. ENs 90.06. The video light
also does not satisfy this description, instead it produces a
steady beam of light for up to 27 minutes. Accordingly, the
video light cannot be classified within heading 9006 based on the
fact that it does not satisfy the terms of this heading.
Portable electric lamps classifiable within heading 8513 are
specifically excluded from classification within chapter 90.
Chapter 90, Note 1(g). Based on the fact that the video light is
classifiable within heading 8513, it is excluded from
classification within heading 9006.
This office agrees with your assessment that the portable
video lights at issue are properly classifiable within subheading
8513.10.40, HTSUSA. You should advise the internal advice
applicant of this decision.
John Durant, Director
Commercial Rulings Division