The tariff classification and marking of flashlights from China.

N071889 September 3, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.2000 Mr. Nestor A. Scherbey NAS Global Trade Ltd. 3516 Tripoli Court SE Suite 1943 Grand Rapids, MI 49546 RE: The tariff classification and marking of flashlights from China. Dear Mr. Scherbey: In your letter dated August 10, 2009, you requested a tariff classification and marking ruling. Under consideration are the “M30”, “M20”, and “T20” Tactical Flashlights. Samples of the flashlights were submitted with your ruling request and will be returned to you. The “M30” Tactical Flashlight measures approximately 7 inches long by 1¼ inches in diameter at its widest points. It is made of aluminum and is designed to fit comfortably in the hand, with a textured surface for a positive grip. At one end of the flashlight is the light head, which features an LED light and reflector under a clear lens and a removable stainless steel striking bezel. At the other end of the flashlight is an on-off push-button switch surrounded by another striking bezel. On the body of the flashlight is a built-in stainless steel pocket clip, as well as a push-button switch that allows the user to cycle the light between low, medium, high, and strobe. The “M30” is powered by either three CR123A or RCR123A batteries, or, when the included extension tube is connected to the flashlight housing, either four CR123A or two lithium ion 18650 batteries. The “M30” is packaged for retail sale in a fitted case along with a belt holster, a diffuser which fits over the light head for a wide area lighting effect, an extension tube for the body of the flashlight when four CR123A or two lithium ion batteries are used, a battery magazine used to secure the batteries so that they will not rattle when inserted in the housing, and a user’s guide. The “M20” Tactical Flashlight is also made of aluminum and measures approximately 5¾ inches long by 1¼ inches in diameter. Like the “M30”, the “M20” is designed to fit comfortably in the hand, with a textured surface for positive grip, and features at one end a light head containing an LED light and reflector under a clear lens, with a removable stainless steel striking bezel. At the other end are a push-button on-off switch and another striking bezel. Twisting the light head while the flashlight is on allows the user to choose between three brightness levels and a strobe light. On the body of the flashlight is a stainless steel pocket clip. The “M20” is powered by two CR123A batteries, two RCR123A batteries, two 16340 batteries, one 18650 battery, or one 17670 battery, and is packaged for retail sale with a belt holster, a neck lanyard, a battery magazine, two silicon “O” rings and a tail cap seal for water resistance, and a user’s guide. The “T20” Tactical Flashlight measures approximately 5 inches long by 1 inch in diameter at its widest points, and is also made of aluminum. At one end of the flashlight is a light head containing an LED light and reflector under a clear lens; at the other is a push-button on-off switch. Twisting the light head while the flashlight is on allows the user to switch between three brightness levels, strobe, and SOS. The “T20” is powered by two CR123A batteries or two RCR 123A batteries, and is packaged for retail sale with a belt holster, a neck lanyard, two silicon “O” rings and a tail cap seal. “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 “M30”, “M20”, and “T20” Tactical Flashlights all meet this definition by virtue of their designs. The applicable subheading for the “M30”, “M20”, and “T20” Tactical Flashlights 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/. In addition, you have requested a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for the imported flashlights. Marked samples were submitted with your letter for review. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The retail packaging samples you provided are all dark in color and feature white paper cut-outs with the words “Made in China” printed upon in black ink measuring approximately 1? inch wide by ? inch high. These stickers are pasted onto the packaging, which does not satisfy the above marking regulations. However, in your ruling request you state that the actual packaging itself will be printed “Made in China”, and that the stickers are merely representative of the placement, size, and colors of the country of origin marking on the final product. Additionally, each of the flashlight samples you provided has a black exterior, and affixed upon the housing is an oval-shaped yellow sticker measuring approximately ½ inches wide by ? inches high, with the words “Made in China” printed upon it in conspicuous black type. The proposed marking of imported flashlights, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported flashlights. 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