CLA-2 CO:R:C:M 954915 MMC
Ms. Bettie Jo Shearer, Manager
International Department
Wholesale Supply Company, Inc.
P.O. Box 24600
Nashville, Tennessee 37202
RE: Electrical lighting fixtures; GRI 3(b); EN Rule 3(b); HRL's
953431, 951126, 089000, and 086628; PC 874918 affirmed
Dear Ms. Shearer:
This is in response to your letter of August 25, 1993,
requesting reconsideration of preclassification 874018 dated May
15, 1992, concerning the classification under the Harmonized
Tariff Schedule of the United States (HTSUS), of item 91LP
halogen desk lamp and item 16LP 2 light fluorescent desk lamp.
FACTS:
Both articles, which are from China, consist of an
electrical lighting fixture comprised of metal and plastic
components. Item 91LP has a 12.5" flexible metal neck connected
to a plastic shade 3.25" in diameter. The shade houses a 3.125"
metal shield and a halogen light bulb. The flexible neck and
shade components are attached to a plastic base that is 3" high
with a 4" metal base plate. The base houses a metal transformer
attached to the base plate and a metal on/off switch.
Item 16LP consists of a 8" flexible metal neck connected to
a metal shade measuring 18" by 3.5". The flexible neck and shade
components are attached to a double tiered plastic base. The top
tier measures 6" by 8" and is 2" high. The bottom tier is 7.75"
long and has a 5.75" by 7.5" metal base plate. The bottom tier
houses a plastic on/off switch with metal contact points and 2
metal transformers which are attached to the base plate.
The value and weight breakdowns you provided are as follows:
Components 16LP 91LP
Weight Value Weight Value
Metal 1.0 KGS. $2.12 0.47 KGS. $1.50
Plastic 0.4 KGS. $4.50 0.45 KGS. $3.70
Electric Parts 0.3 KGS. $1.20 0.14 KGS. $1.80
Hardware Parts 0.3 KGS. $1.52 0.05 KGS. $1.50
Labor $0.50 $0.50
Package $0.50 $0.50
------ ----- -------- -------
TOTAL 2.0 KGS. $10.34 1.11 KGS. $9.50
The subheadings under consideration are as follows:
9405.20.60 [l]amps and lighting fittings including
searchlights and spotlights and parts thereof, not
elsewhere specified or included; illuminated
signs, illuminated nameplates and the like, having
a permanently fixed light source, and parts
thereof not elsewhere specified or included:
[e]lectric table, desk, bedside or floor standing
lamps: [o]f base metal: [o]ther
9405.20.80 [l]amps and lighting fittings including
searchlights and spotlights and parts thereof, not
elsewhere specified or included; illuminated
signs, illuminated nameplates and the like, having
a permanently fixed light source, and parts
thereof not elsewhere specified or included:
[e]lectric table, desk, bedside or floor standing
lamps: [o]ther
In PC874018 dated May 15, 1992, you were advised that the
articles were classified in subheading 9405.20.60, HTSUS. You
assert they are properly classifiable in subheading 9405.20.80,
HTSUS.
ISSUE:
Are the articles classifiable as desk lamps of base metal
or as desk lamps of other materials?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. 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.
Electrical lighting fixtures are generally provided for under
heading 9405, HTSUS.
The lamps, items 16LP and 91LP, are specifically described
by subheading 9405.20, HTSUS, which provides for [e]lectric
table, desk, bedside or floor standing lamps. Classification to
the eight digit subheading level requires an examination of the
material which imparts essential character to both lamps.
In this case, classification is determined by application of
GRI 3(b), HTSUS, 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, value, or the role of a constituent material in relation
to the use of the goods are to be considered, though the
importance of certain factors will vary between different kinds
of goods.
The issue in this case is whether the essential character of
the 16LP and 91LP lamps is imparted by the metal or the plastic
components.
In Headquarter's Ruling Letter (HRL) 951126, dated May 12,
1992, we held that metal was the essential character of metal and
glass electrical ceiling lighting fixtures. The metal components
comprised the backing plate/base and the brass tape which held
the glass pieces of the fixtures together. We found that the
metal components were indispensable because they formed the
structure of the fixture which allowed it to perform its basic
function of providing light. Without the metal backing
plate/base to hold the lamp sockets and electric circuity in
place, the electrical lighting fixtures were not able to function
as a lamp. The fixtures could have functioned without the glass
in place. In addition, when we examined the metal and glass
components in relation to the electrical lighting fixtures as a
whole, we found that the role of the glass did not predominate
over the role of the metal. See also HRL 089000 dated July
29,1991; HRL 086628 dated July 3, 1990; and HRL 953431 dated July
16, 1993 for other rulings on lighting fixtures.
The two subject lamps differ slightly from the electric
lighting fixtures in HRL's 951126, 089000, and 086628, as the
fixtures in those cases had components of glass and metal, and
the present lamps have components of metal and plastic.
Nevertheless, we are of the opinion that the essential character
of the subject lamps is also imparted by the metal components.
The metal components are indispensable to the structure of the
subject lamps. Similar to the lighting fixtures in HRL 951126,
the metal forms the structure of the fixtures which allow the
subject lamps to perform their basic function of providing light.
Additionally, when examining the metal and plastic components in
relation to the fixture as a whole, we do not believe the role of
the plastic components predominates over the role of the metal
components.
Based on the foregoing analysis, the metal components impart
the essential character to the subject lamps as they are
indispensable to the structure and functioning of the lamps. For
these reasons we find that both lamps are classifiable under
subheading 9405.20.60, HTSUS.
PC874018 properly classified items 91LP and 16LP as electric
table, desk, bedside or floor standing lamps, of base metal, in
subheading 9405.20.60, HTSUS.
HOLDING:
Items 91LP and 16LP are classified as electric table, desk,
bedside or floor standing lamps, of base metal, in subheading
9405.20.60, HTSUS. PC874018 is affirmed.
Sincerely,
John Durant, Director