CLA-2-85:RR:NC:GI:227 817019
Ms. Lori Talley
Expeditors Int'l. of Washington, Inc.
21318 64th Avenue South
Kent, WA 98032
RE: The tariff classification of a portable electric utility light from China.
Dear Ms. Talley:
In your letter dated November 15, 1995, on behalf of Leen and Associates, Inc., you requested a tariff classification ruling.
The merchandise at issue consists of a cordless, rechargeable utility light with a foam grip, item number L-1608, which measures about 14 1/2 inches high by 9 inches wide by 7 1/2 inches deep. It is constructed of a steel stand with ABS housing for a battery pack and zince alloy head. Moreover, this item has a 10 foot AC charger cord, including a LED light which indicates when charging, and 11 1/2 foot DC adaptor cord with a cigarette lighter plug. It is noted that the front of this light has a chrome-plated grill for safety purposes.
You note, via the submitted descriptive literature, that the subject merchandise is properly classifiable under subheading 9405.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for chandeliers and other electric ceiling or wall lighting fittings of brass. Since the subject lamp is so designed to meet the criteria for portable lamps under heading 8513, HTS, consideration of classification under heading 9405, HTS, is precluded.
The applicable subheading for the cordles rechargeable utility light, item number L-1608, will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 6.2 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling letter 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 George Kalkines at 212-466-5794.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division