CLA-2 CO:R:C:M 951789 KCC

District Director
U.S. Customs Service
Federal Building, Room 198
511 N.W. Broadway Federal Building
Portland, Oregon 97209

RE: Protest No. 2904-92-100086; metal table lamp with glass shade; GRI 1; GRI 3(b); essential character; EN Rule 3(b); 951126

Dear Sir:

This is in response to the Application for Further Review of Protest No. 2904-92-100086, dated March 30, 1992, which pertains to the tariff classification of metal table lamps with glass shades under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The article under consideration is a 22 inch touch-on electric table lamp, model number 792-325. The table lamp is constructed of a brass plated finished metal base and a "tiffany look" glass panel shade. The cost breakdown submitted is:

Metal $5.434 Glass $2.717 Packing $0.906

Total $9.057

Upon importation, the entry of the table lamps was liquidated under subheading 9405.20.60, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Electric table, desk, bedside or floor-standing lamps...Of base metal...Other."

The protestant, ICI Worldwide, Inc., contends that the table lamps are properly classified under subheading 9405.20.80, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Electric table, desk, bedside or floor- standing lamps...Other." The protestant contends that the essential character of the table lamp is the glass shade. The protestant states that a consumer purchases the table lamp for the "tiffany look" glass shade.

ISSUE:

Are the table lamps essentially of metal and thus classified under subheading 9405.20.60, HTSUS, as electric table lamps of base metal other than brass, or are they essentially of glass and thus classified under subheading 9405.20.80, HTSUS, as electric table lamps of material other than base metal?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...." The table lamps are provided for under subheading 9405.20, HTSUS, which provides for electric table lamps. A determination of the appropriate eight digit subheading requires an examination of the material which imparts the essential character to the table lamps. In this case, classification is determined by application of GRI 3(b) which provides in pertinent part:

Mixtures, composite goods consisting of different materials or made up of different components...shall be classified as if they consisted of the material or component which gives them their essential character....

In general, essential character has been construed to mean the attribute which strongly marks or serves to distinguish what an article is; that which is indispensable to the structure, core or condition of the article. In addition, Explanatory Note (EN) Rule 3(b) of the Harmonized Commodity Description and Coding System (HCDCS) provides further factors which help determine the essential character of goods. Factors such as bulk, quantity, weight or value, or the role of a constituent material in relation to the use of the goods are to be utilized, though the importance of certain factors will vary between different kinds of goods. HCDCS, Vol. 1. p. 4.

The issue in this case is whether the essential character of the table lamps is imparted by the metal or the "tiffany look" glass shade. In Headquarters Ruling Letter (HRL) 951126 dated May 12, 1992, we held that electric lighting fixtures constructed of base metal and glass were classified as fittings of base metal under subheading 9405.10.60, HTSUS. We found that the metal formed the very structure of the article, that the basic function of the lamp in providing light was made possible by the metal, and that the appearance of the lamp was imparted no less by the metal than the glass.

The table lamps at issue differ slightly from the electrical lighting fixtures in HRL 951126, as there the electrical lighting fixtures were designed to be mounted on a ceiling or wall. Nevertheless, we are of the opinion that the essential character of the table lamps in issue is also imparted by the metal. The metal components are indispensable to the structure of the table lamps. Similar to the lighting fixtures in HRL 951126, the metal in the table lamps at issue forms the structure of the fixture which allows the table lamps to perform their basic function of providing light. The metal components comprise the base and neck of the table lamps which support the lamp socket and electrical circuitry, as well as support the "tiffany look" glass shade. Without the metal base and neck to hold the lamp sockets and electric circuitry in place, the table lamps would not be able to function as a lamp. The table lamps can function without the glass shade in place but without the base and neck to support the lamp socket and electric circuitry, it cannot properly function as a lamp.

Additionally, the metal components constitute the greatest value of the table lamps. The glass accounts for approximately 30 percent and the metal accounts for approximately 60 percent of the total cost of the table lamp. The cost of the metal components outweighs the cost of the glass. Based on the foregoing analysis, the metal components impart the essential character to the table lamps as they are indispensable to the structure and functioning of the table lamps. Therefore, they are classified under subheading 9405.20.60, HTSUS.

HOLDING:

The essential character of the table lamps is the metal and, therefore, they are classified under subheading 9405.20.60, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Electric table, desk, bedside or floor- standing lamps...Of base metal...Other." This protest should be denied in full. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director
Commercial Rulings Division