CLA-2-85:RR:NC:2:227 G87129

Mr. John Alpine
Eveready Battery Company, Inc.
25225 Detroit Road, P.O. Box 450777
Westlake, OH 44145

RE: The tariff classification of a portable lamp from China

Dear Mr. Alpine:

In your letter dated February 1, 2001, you requested a classification ruling.

The item in question is a portable battery operated lamp in a plastic housing that has a molded plastic carrying handle. The lamp is imported with a permanently attached zippered polyester pouch on both sides. The two items form a composite article for tariff purposes with the lamp imparting the essential character.

The applicable subheading for the portable battery operated lamp with pouches will be 8513.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps with their own source of energy, other than flashlights. The duty rate will be 3.5 percent ad valorem. . 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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division