CLA-2-94:OT:RR:NC:1:110
Mr. Vincent Iacopella
The Janel Group of Los Angeles Inc.
460-A S. Hindry Avenue
Inglewood, CA 90301
RE: The tariff classification of a work light from China.
Dear Mr. Iacopella:
In your letter dated March 10, 2009 you requested a tariff classification ruling on behalf of your client, Baccus Global LLC.
The merchandise under consideration is described as the BarFLEX Pivoting Light, model number BF0109. A sample of the BarFLEX was submitted with your ruling request.
The BarFLEX Pivoting Light is a plastic, cylinder-shaped, battery-powered work light that measures approximately 17 inches high by 2 2/3 inches in diameter at its widest points, and is powered by an internal rechargeable NiMH battery or by its included 120-Volt AC adapter. At one end of the light is a wide, flat base that encases a powerful magnet and is designed to allow the BarFLEX light to be placed on any flat and/or ferrous surface. Also located on the base of the light is a push-button on/dim/blink/off selector switch. A short, flexible plastic neck allows the light head to pivot approximately 45 degrees from the base in two directions. The light head consists of 27 LED (light emitting diode) bulbs and a reflector under a clear lens. Atop the light head is a large carabiner clip used to secure the BarFLEX to a hook, ring, or similar device during use. The BarFLEX light is constructed to be primarily used for hands-free work rather than used as a “portable lamp,” which refers only to those lamps designed for use when carried in the hand or on the person, due to its particular size, shape and lack of design features conducive to portability. The BarFLEX light, AC adapter and an instruction booklet are packaged together for retail sale in a plastic blister pack.
The applicable subheading for the BarFLEX Pivoting Light will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…not elsewhere specified or included…: Other electric lamps and lighting fittings: Other.” The general rate of duty will be 3.9 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