CLA-2 CO:R:CV:G 082933 VEA
Ms. Beth C. Brotman, Esq.
Tompkins & Davidson
One Whitehall Street
New York, N. Y. 10004
RE: Combination Flashlight/Signaling Device
Dear Ms. Brotman:
Your inquiry of October 12, 1988, on behalf of your
client, Dorcy International, requests reconsideration of a New
York ruling dated April 22, 1988 (File # 828324), classifying a
portable electrical lighting device as a flashlight in heading
8513 of the Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The merchandise at issue consists of a portable
electrical lighting device, style no. 41-0900, imported from
Hong Kong. The unit is cylindrical in shape. It is made of
plastic and is approximately 6 5/8 inches long and 1 3/4 inches
in diameter. It consists of a filament bulb with a reflector
and socket, a clear lens, a rechargeable nickel cadmium
battery, and a built-in plug that fits the automobile cigarette
lighter socket, for recharging the battery. A magnet is
attached to the bottom of the unit so that it will adhere to
metal surfaces. It is imported and sold with a rechargeable
battery.
The device is designed to be used around automobiles and
has two functions. It acts as both a flashlight and an
emergency blinker. Pushing forward on the switch located on
the case activates the flashlight, and pulling forward on the
grooved area at the head of the flashlight activates the
emergency blinker. Although the blinker and flashlight share a
common power source, a separate circuitry allows each to
perform their individual functions.
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Our New York office classified the lighting device as a
flashlight in heading 8513. You disagree with this
classification and argue that the merchandise should be
classified in heading 8531 as electrical visual signaling
apparatus, or as electrical apparatus not specified elsewhere,
in heading 8543.
ISSUE:
Whether a portable electrical lighting device is
electric sound or visual signaling apparatus classified in
heading 8531; electrical machines and apparatus classified in
heading 8543; or portable electric lamps (flashlights)
classified in heading 8513.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's), the legal
principles by which merchandise is classified, govern
classification under the HTSUS. According to GRI 1, the
primary consideration in determining whether merchandise should
be classified in a heading should be given to the language of
the heading and to any relevant chapter or section notes. The
headings at issue in this case, 8531, 8513, and 8543 state:
8531 Electric sound or visual signaling
apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8530;
parts thereof:
* * * * * * * *
8531.80.00 Other apparatus
* * * * * * * * * * *
8513 Portable electric lamps designed to
function by their own source of energy
(for example, dry batteries, storage batteries
magnetos), other than lighting equipment of
heading 8512; parts thereof:
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8513.10 Lamps:
* * * * * * *
8513.10.20 Flashlights
* * * * * * *
8543 Electrical machines and apparatus, having
individual functions, not specified or
included elsewhere in this chapter; parts
thereof:
* * * * * * *
8543.80 Other machines and apparatus:
* * * * * * *
8543.80.90 Other
Under GRI 3(a), the article in this case cannot be
classified in heading 8543. GRI 3(a) states that the heading
providing the most specific description shall be preferred to
headings providing a more general description. Headings 8531
and 8513 more specifically describe the article, since it has
two functions, emergency blinker and flashlight. Under the
HTSUS, GRI 3(b) governs when there are two headings which
describe an article, but each refers to only one of its
components. GRI 3(b) states that mixtures, composite goods
consisting of different materials or made up of different
components, and goods put up in sets for retail sale, which
cannot be classified by reference to 3(a), shall be classified
as if they consisted of the material or component which gives
them their essential character.
The factor that determines the essential character of an
article varies between different kinds of articles. It may be
the nature of the material or component, its weight, value,
bulk, or quantity, or its role in relation to the use of the
goods.
The importer argues that it is impossible to determine
the essential character of the lighting device because it has
two independent and co-equal functions. It is not primarily a
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flashlight or blinker. Since essential character cannot be
determined, GRI 3(c) governs.
We disagree with the importer that the essential
character of the lighting device in this case cannot be
determined. Based on the facts presented, the nature of the
device and the role that the flashlight plays in relation to
the overall use of the article suggest that the flashlight
gives the device its essential character.
Although the flashlight and emergency blinker perform
two independent functions, the overall design of the product
indicates that it was intended to be used as a flashlight. The
product looks like a flashlight. It is cylindrical in shape
and is approximately 6 5/8 inches long and 1 3/4 inches in
diameter. A round plastic lens covers the bulb. Moreover,
since both the blinker and flashlight operate using the same
light source (the flashlight bulb), the blinker is only
operative if the flashlight bulb operates. Finally, as a
practical matter, the lighting device would be purchased not
because of its use as an emergency blinker but because it is a
flashlight.
Under these facts, the flashlight gives the lighting
device its essential character. The emergency blinker merely
serves as an added feature and only enhances the overall
feature of the lighting device. Since the merchandise can be
classified according to GRI 3(b), it is unnecessary to look to
GRI 3(c).
HOLDING:
The portable electric lighting device is properly
classified as a flashlight in heading 8513, subheading
8513.10.20.
Sincerely,
John Durant, Director
Commercial Rulings Division