CLA-2-85:RR:NC:GI: 227 817669

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a flashlight from China.

Dear Ms. Aldinger:

In your letter dated December 15, 1995, you requested a tariff classification ruling.

The sample submitted is a cylindrical-shape, battery-operated flashlight, known as the "Plastic Flash-Light" (item number 961336), which measures approximately 7 inches in height by 2 inches at its top diameter. The torch light is activated by a forward/reverse - on/off switch mechanism situated near the front portion of its housing.

The applicable subheading for the "Plastic Flash-Light" (item number 961336), will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy...flashlights. The rate of duty will be 20 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,
National Commodity
Specialist Division