CLA-2-85:OT:RR:NC:1:110
Ms. Donna Hiltpold
The Stanley Works
480 Myrtle Street
New Britain, CT 06053
RE: The tariff classification of tripod flashlights from China.
Dear Ms. Hiltpold:
In your letter dated February 4, 2009 you requested a tariff classification ruling.
The merchandise under consideration are the 3-in-1 Tripod LED Flashlight, item number 95-155, and the Tripod Flashlight, item number 95-112. Samples of both flashlights were submitted with your ruling request and will be returned to you.
The 3-in-1 Tripod LED Flashlight measures approximately 10 ½ inches long by 3 inches in diameter at its widest points. It is comprised of three, independently-operating flashlights that measure approximately 9 ¼ inches long by 1 ¾ inches wide by 1 ¼ inches high at their widest points, and are designed to fit comfortably in the hand, with a textured surface for a positive grip. At one end of each flashlight is a recessed white LED (light emitting diode) light bulb and reflector under a clear lens. The light head is mounted to the housing by a swivel joint that allows the head to pivot 120 degrees outwards from the housing. Each of the housings feature a push-button on-off switch, and are powered by 2 “AA” batteries apiece. Aside from being used individually, the three flashlights can be fitted together into an included plastic cylindrical housing designed to fit comfortably in the hand, supplies a textured surface for a positive grip, and features three fold-out legs that provide a tripod stand. Each flashlight may be removed from the tripod stand and used alone, or any combination of the three may be used in conjunction with the tripod stand.
The Tripod Flashlight measures approximately 11 inches long by 2 ¼ inches in diameter at its widest points, and features a cylindrical housing composed of aluminum and plastic. It is designed to fit comfortably in the hand, and provides a textured surface for a positive grip. At one end of the flashlight, a recessed white LED light bulb and reflector is encased in a clover-shaped light head under a clear lens. The light head is mounted to the housing by a swivel joint that allows the head to pivot outwards from the housing 90 degrees. A push-button switch on the light head turns the LED bulb on and off. The housing of the flashlight features three fold-out legs that provide a tripod stand. The fold-out legs also serve as a repository for the 9 “AA” batteries that power the flashlight.
In your ruling request you suggest classification of the 3-in-1 Tripod LED Flashlight and the Tripod Flashlight in 8513.10.4000 as a portable lamp other than a flashlight. Headquarters Ruling 952559 defined flashlights as “small battery operated portable electric lights normally held in the hand by the housing itself, the primary function of which is to project a beam of light.” Both the 3-in-1 Tripod LED Flashlight and the Tripod Flashlight meet this definition by virtue of their design.
The applicable subheading for the 3-in-1 Tripod LED Flashlight, item number 95-155, and the Tripod Flashlight, item number 95-112, 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.
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