The tariff classification of a flashlight from China.

N156956 April 5, 2011 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8513.10.2000 Ms. Karen Quintana NYK Logistics Americas Inc. 2417 E Carson Street Suite 200 Long Beach, CA 90810 RE: The tariff classification of a flashlight from China. Dear Ms. Quintana: In your letter dated March 21, 2011, you requested a tariff classification ruling on behalf of your client, Environmental Lighting Concepts. The merchandise under consideration is the OttLite 12 LED Flip Light. A sample identified as Model 490G in black and silver was submitted with your ruling request. The submitted sample is made of plastic and measures approximately 3 inches long by 2¼ inches wide and is 1¾ inches deep when closed. The OttLite is a battery powered flashlight that is rectangular in shape and designed to fit comfortably in the hand when held by the housing. A hinged section of the OttLite flips open to expose the light head, which features 12 LEDs (light emitting diodes) under individual lens arranged in a 3 by 4 grid pattern. The light head automatically illuminates and project a beam of light when the light head is in the open position and expands the dimensions of the OttLite to approximately 5? inches in length. The housing features a battery compartment to house 3 “AAA” size batteries and provides an integrated clip designed to secure the OttLite to a belt, pocket or similar articles. “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. (HQ 084852) The applicable subheading for the OttLite 12 LED Flip Light 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