CBSA Gerekçesi
&&In accordance with the terms of heading 85.13, for a light or a lamp to be classified in that heading, it must be portable and designed to function by its own source of energy.&&&&The third paragraph of the Explanatory Notes to heading 85.13 reads, in part:&&&&The term "portable lamps" refers only to those lamps (i.e., both the lamp and its electricity supply) which are designed for use when carried in the hand or on the person, or are designed to be attached to a portable article or object. They usually have a handle or a fastening device and may be recognised by their particular shapes and their light weight (emphasis added).&&&&Based on this Note, the good at issue has the character of a portable lamp. At the heading level, the portable lamp, "Lantern Lithium Ion Puck light 250 C004, P/N 2000013863" would be classified in heading 85.13 by application of General Interpretative Rule (GIR) 1.&&&&There are only two subheadings under heading 85.13, these being 8513.10 Lamps, and 8513.90 Parts. The main characteristic of flashlights is that they illuminate straight at a specific point (direction, path, line, etc.). Flashlights do not illuminate a broad and more general area like other portable lamps, e.g., lanterns.&&&&Taking into consideration the above and the description of the good at issue, we have determined that the good does not operate in the manner of a flashlight, providing directional lighting; instead, it illuminates a broad and more general area. The product literature states: "Highly metalized cone that sits under the LED for reflecting the light 360°." Furthermore, the product is described as a lantern and has the characteristics of a lantern. Lanterns and flashlights are different products. Consequently, the product is not a flashlight.&&
