CLA-2-85:OT:RR:NC:1:110
Ms. Lisa Waller
BDG International, Inc.
840 Tollgate Road
Elgin, IL 60123
RE: The tariff classification of a flashlight and drumsticks from China.
Dear Ms. Waller:
In your letter dated August 25, 2009, you requested a tariff classification ruling on behalf of your client, HipTrix™, Incorporated.
The items under consideration are the HipTrix Portable Stick Charger™ and the HipTrix Glow-In-The-Dark Drumsticks. A sample of each item was submitted with your ruling request and will be returned to you.
The HipTrix Portable Stick Charger™ is a battery powered flashlight constructed of aluminum and measures approximately 5½ inches long by 2 inches in diameter at its widest point. This flashlight features a cylindrical body with a diameter of approximately 1? inches, which houses three “AA” size batteries and an on/off push-button switch that also allows the user to cycle the light between high and low settings of visible light. The flashlight is designed to fit comfortably in the hand with a textured surface providing a positive grip. The flashlight head features approximately fifty LED (Light Emitting Diode) lamps and a reflector under a clear lens.
The HipTrix™ Glow-In-The-Dark Drumsticks are manufactured from a highly durable synthetic plastic material and measure approximately sixteen inches in length. These drumsticks are available in five different colors. When exposed to the Portable Stick Charger flashlight or an Ultraviolet light source, the drumsticks will glow for a short period of time.
“Flashlights” have been defined in previous Customs Rulings 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. (See HQ 084852). The Portable Stick Charger meets this definition by virtue of its design.
The applicable subheading for the HipTrix Portable Stick Charger™ flashlight 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.
The applicable subheading for the HipTrix™ Glow-In-The-Dark Drumsticks will be 9209.99.8000, HTSUS, which provides for “Parts and accessories of musical instruments…Other.” The general rate of duty will be 5.3 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