CLA-2-85:RR:NC:2: 227 B85332

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification of a portable lamp from Taiwan.

Dear Ms. Balice:

In your letter dated May 2, 1997, you requested a tariff classification ruling.

The sample submitted is a battery-operated cylindrical-shape lamp, referred to as the "Disco Stick" (item number 95365), which measures approximately 5 1/2 inches in height. It possesses a plastic tube with a head light as well as permanently affixed plastic fiber optics emanating from its top portion. It also has an on/off switch mechanism that activates the light in illuminating its top portion as well as emitting light through the fiber optics.

The applicable subheading for this portable lamp, item number 95365, 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 4.9 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division