CLA-2-85:OT:RR:E:NC:1:110

Ms. Mei Li
Marubeni America Corporation
375 Lexington Avenue, 6th Floor
New York, NY 10017

RE: The tariff classification of a portable lantern from China.

Dear Ms. Li:

In your letter dated April 7, 2009, you requested a tariff classification ruling.

The merchandise under consideration is the Garrity G-Tech Floating Lantern. Based on the information submitted, this item is a portable battery-operated lantern composed of a waterproof plastic housing measuring approximately 8½ inches in length by 5 inches in diameter. This lantern features a flat hinged base for standing the lantern in a horizontal or vertical position and a large circular head, which contains a lamp and reflector under a clear lens. Extending out of the top of the circular head is a carrying handle with an on/off push-button switch. The lantern is powered by a 6 volt (V) battery.

The applicable subheading for the Garrity G-Tech Floating Lantern will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which “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