CLA-2 CO:R:C:M 956777
District Director
U.S. Customs Service
300 South Ferry Street
Room 2017
Terminal Island, California 90731
RE: Protest 2704-94-101368; brass candle holder lantern, floral
centerpiece; HRLs 951963, 084141
Dear District Director:
The following is our response to Protest 2704-94-101368
concerning your actions in classifying and assessing duty on a
brass candle holder designed as a centerpiece for a floral
arrangement under the Harmonized Tariff Schedule of the United
States (HTSUS). Literature with pictures of the article as well
as a sample were provided.
FACTS:
The articles are described in the literature as a "Brass
Lantern Bouquet". It functions as the centerpiece and base for a
floral arrangement. It is designed to have the decorative appeal
of an old fashioned brass lantern. The candle holder, which is
the top portion of the article is made of polished brass and
measures 7" high with a 4" square top. A brass handle is
attached to the top of the candle holder portion. In the center
there is a polished brass mold for holding a votive candle. The
sides of the candle holder portion are open. There are 4 round
nubs on the bottom of the candle holder portion for stablization
if removed from the base and placed on a flat surface.
The candle holder, attaches to a 3 1/2" square plastic tray
by a metal rod that screws into the bottom of the candle holder
and the middle of the plastic tray. The plastic tray is used as
a container to hold a floral arrangement. A piece of hollow
plastic tubing is also included to be placed over the center rod
for decorative purposes.
After importation, the articles are sold to florists who use
them as centerpieces for floral arrangements. The rod is screwed
into the center of the plastic tray, then a floral arrangement is
created in the plastic tray. After the floral arranging is
complete, the candle holder portion is screwed onto the
protruding rod. Finally, a votive candle is placed in the mold
portion of the candle holder to complete the centerpiece.
Protestant entered the subject articles under subheading
9405.99.20, HTSUS, as parts of lamps and lighting fittings. The
entries were liquidated on January 14 and 21, 1994, under
subheading 9405.50.30, HTSUS, as lighting fittings. A protest
was timely filed on April 13, 1994.
The subheadings at issue are as follows:
9405.50.30 lamps 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: non-electrical lamps and lighting fittings: other: of
brass.
9405.99.20 lamps 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: parts: other:
of brass.
ISSUE:
Is the centerpiece a lantern frame classifiable under
subheading 9405.99.20, HTSUS, as parts of lamps or lamp fittings
or as a candle stick, candelabra, etc., classifiable under
subheading 9405.50.30, HTSUS, as a lamp or lamp fitting?
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..."
Heading 9405, HTSUS, provides for lamps and lighting
fittings including searchlights and spotlights and parts thereof,
not elsewhere specified or included. This heading describes the
candle holder portion of the centerpiece. Heading 3926, HTSUS,
provides for other articles of plastic and describes the tubing
and base of the centerpiece. Heading 8302, HTSUS, provides for
other base metal mountings fittings, and similar articles, and
describes the rod portion of the centerpiece. Inasmuch as the
subject centerpiece, composed of a candle holder, metal rod and
plastic base and tubing is described by more than one heading,
the article is a composite good and cannot be classified
according to GRI 1.
When goods cannot be classified by applying GRI 1, and if
the headings and legal notes do not otherwise require, the
remaining GRI's are applied in descending order. GRI 2(a)
states, in pertinent part, that:
[a]ny reference in a heading to an article shall be taken to
include a reference to that article incomplete or
unfinished, provided that, as entered, the incomplete or
unfinished article has the essential character of the
complete or finished article. It shall also include a
reference to that article complete or finished (or falling
to be classified as complete or finished by virtue of this
rule), entered unassembled or disassembled.
We are of the opinion that as imported, the article has the
essential character of a centerpiece for a floral arrangement.
All the necessary elements for creating the article, the base,
rod, tubing and candle holder are contained in the same carton;
ready for assembly. It remains however to determine under which
heading the centerpiece will be classified.
GRI 2 (b) states, in pertinent part, that any reference in a
heading to a material or substance shall be taken to include a
reference to mixtures or combinations of that material or
substance with other materials or substances. The classification
of goods consisting of more than one material or substance shall
be according to the principles of GRI 3.
GRI 3 states that when, by application of rule 2(b) or for
any other reason, goods are, prima facie, classifiable under two
or more headings, classification shall be effected as follows:
(a) The heading which provides the most specific
description shall be preferred to headings providing a more
general description. However, when two or more headings
each refer to part only of the materials or substances
contained in mixed or composite goods or to part only of the
items in a set put up for retail sale, those headings are to
be regarded as equally specific in relation to those goods,
even if one of them gives a more complete or precise
description of the goods.
The centerpiece cannot be classified according to the
relative specificity provision of GRI 2(a) because the applicable
headings describe only part of the article and are thus
considered equally specific. Therefore, GRI 3(b) must be
applied.
GRI 3 (b) states, in pertinent part, that:
(b) Mixtures, composite goods consisting of different
materials or made up of different components, and goods put
up for retail sale, which cannot be classified by reference
to 3(a), shall be classified as if they consisted of the
material or component which gives them their essential
character, insofar as this criterion is applicable.
In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes may be
consulted. The Explanatory Notes (EN), although not dispositive,
are to be used to determine the proper interpretation of the
HTSUS. See, T.D. 89-80, 54 Fed. Reg. 35127, 35128, (August 23,
1989).
EN IX, pg. 4, states in pertinent part that:
(IX) [f]or the purposes of this Rule, composite goods made
up of different components shall be taken to
mean...those in which the components are attached to
each other to form a practically inseparable whole but
also those with separable components,...
The subject article qualifies as a composite good because
the candle holder, rod, tubing and base are attached to each
other to form a practically inseparable whole.
EN VIII to GRI 3(b), pg. 4, states that:
[t]he factor which determines essential character will vary
as between different kinds of goods. It may for example, be
determined by the nature of the material or component, its
bulk, quantity, weight or value, or by the role of a
constituent material in relation to the use of the goods.
It is our opinion that the candle holder imparts the
essential character of the centerpiece. It is the largest part
of the centerpiece and has two equivalent functions. It is not
only the focal point of the centerpiece, but is marketed as
reusable as a decorative candle holder after the floral
arrangement is removed. We note that while the plastic tray and
rod are reusable, they are not marketed as such and any such
actual use would be considered fugitive.
Protestant has suggested that the top portion is not a
candle holder but a "part" of a lighting fitting, namely a
lantern frame. He suggests that the lantern frame is not a
completed lantern until after importation when a candle is placed
in the candle holder. We disagree.
EN 94.05, p.1581-1582, states, in pertinent part, that:
This heading also excludes:
(a) Candles (heading 34.06).
This EN is evidence that candles are not considered necessary
"parts" for non-electric lighting fittings and therefore, are not
a portion of a lighting fitting necessary to complete a lantern
frame or any other lighting fitting. Additionally, the candle in
no way completes the "frame" itself. When imported, the top
portion of the centerpiece is completely assembled, including the
handle.
Customs is of the opinion that the top portion of the
centerpiece is a candle holder that is merely designed to have
the decorative appeal of an old fashioned brass lantern. Its
principle use as a candle holder is evidenced by its physical
characteristics and its marketing. None of the sides of the top
portion of the article are enclosed. Most non-electric lanterns
enclose their light source to protect it from being extinguished.
Further, the nubs on the bottom of the top portion of the candle
holder and the literature indicate it is designed to be
disassembled from the plastic bottom portion, placed somewhere,
and left to stand and the candle burn, as opposed to being used
as a portable light source. Moreover, the article is initially
marketed as the centerpiece of a floral arrangement and not as a
lantern. We note that none of the submitted literature even
suggests that the top portion of the centerpiece could be used as
a portable source of light. It does, however, explain the
decorative benefits of the centerpiece.
Finally, we note that Headquarters Ruling Letter (HRL)
951963 dated September 1, 1992, held that a brass candlestick was
considered a lighting fitting for tariff purposes because it is
an article capable of providing illumination when used with a
candle. See also: HRL 084141 dated July 3, 1990. Additionally,
in its imported condition the candlestick was considered a
"finished" candlestick and not a "part" of anything.
In their imported condition, the subject articles are
finished candle holders which are considered lighting fittings
for tariff purposes because they are capable of providing
illumination when used with a candle. Therefore, the articles
are classifiable under subheading 9405.50.30, HTSUS, as lighting
fittings.
HOLDING:
The protest should be DENIED. The brass decorative candle
holders are classifiable under subheading 9405.50.30, HTSUS, as
lighting fittings.
In accordance with section 3A(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject: Revised Protest
Directive, this decision should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with this decision
must be accomplished prior to the mailing of the decision. Sixty
days from the date of this decision, the Office of Regulations
and Rulings will take steps to make the decision available to
Customs personnel via the Customs Rulings Module in ACS and to
the public via the Diskette Subscription Service, Freedom of
Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division