CLA-2-85:S:N:N1: 101 892152
Mr. Lars Neumann
Tess Design
7648 Eastlake Terrace, # 2
Chicago, IL 60626
RE: The tariff classification of a bicycle light from Denmark.
Dear Mr. Neumann:
In your letter dated November 29, 1993 you requested a tariff classification ruling. You have submitted descriptive literature and a sample of the product.
The imported product is a Tess Design lighting device in the approximate shape of an "L". You state the light may be fitted to articles such as a tent pole, handlebar of a stroller, or to the stay of a boat; but based on the design of the light and the illustrative concept of the packaging the product is sold in, the light is principally designed to be attached to the handlebar of a bicycle.
The Tess Design lighting device is housed in a body made of ABS plastic and it weighs 3.25 ounces. The longer arm of the "L" measures approximately 4 inches and the shorter arm measures approximately 3 inches. The light is emitted at the end of the longer arm, while the activating switch is located at the end of the shorter arm. The light is powered by two C-cell batteries. The bulb may be either halogen or krypton. The glass lens is available in three colors: white, red and green. A flexible ring affixes the light to the handlebar of the bicycle.
You suggest the light may be classified in subheading 8513.10.4000, Harmonized Tariff Schedule of the United States (HTS).
As indicated by Congress, Customs will give considerable weight to the Explanatory Notes (EN) and the Compendium of Classification Opinions because they are the official interpretation of the HTS, but they shall not be treated as dispositive General Rules of Interpretation (GRIs). 54 Fed Reg 35127, 35128 (August 23, 1989).
The EN to Section XVI, heading 85.12, states this heading covers electrical apparatus and appliances specialized for use on cycles or motor vehicles for lighting or signalling purposes. One exemplar of this heading is battery holders, equipped with a switch, terminals, contacts, etc., for cycle lighting equipment; battery-operated lamps, designed for mounting on cycles.
The EN to Section XVI, heading 85.13, states this heading covers portable electric lamps designed to function by means of a self-contained source of electricity ... The term "portable lamps" refers only to those lamps which are designed for use when carried in the hand or on the person. They usually have a handle or a fastening device and may be recognized by their particualr shapes and their light weight. The term therefore excludes lighting equipment for motor vehicles or cycles (heading 85.12).
The applicable subheading for the Tess Design lighting device will be 8512.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical lighting equipment of a kind used on bicycles. The rate of duty will be 7.6 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport