CLA-2 CO:R:CV:G: 083785 BPM
Mr. Wilfried Wedemeyer
Janel International Forwarding Co.
405 South Isis Avenue
Inglewood, California 90301
RE: Brass swan and base unit used as a touch switch for
incandescent lamps
Dear Mr. Wedemeyer:
By letter dated February 7, 1989, you requested on behalf
of your client, Markay Industries, Beaumont, California, a ruling
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) on the appropriate tariff classification of a
brass ornamental swan and base assembly used as a part of a
decorative dimmer switch for incandescent lamps.
FACTS:
The swan and base assembly to be classified herein is
composed of a brass swan approximately eight inches high, five
inches wide and three inches deep resting on a base that is
slightly more than one inch high. The swan is hollow, having an
opening on its back for access to a cavity. The base is also
hollow, has a protrusion with a threaded screw hole for the
connection of a small electrical wire on the underside and a
notch for the egress of a three conductor electrical wire on the
side.
After importation, the wires and electronic dimmer switch
unit are connected with the swan and base assembly creating a
decorative dimmer switch operated by touch.
ISSUE:
Is the brass swan and base assembly, used in connection
with a dimmer switch unit and electrical wiring, (1) a part
suitable for use solely or principally with an electrical
apparatus for switching electrical circuits, classifiable under
-2-
subheading 8538.90.0080, HTSUSA, or (2) a statuette or other
ornament of base metal, classifiable under subheading
8306.29.0000, HTSUSA?
LAW AND ANALYSIS:
The design of the swan and base assembly renders it a part
suitable for use principally with the dimmer switch. For
example, the notch, which is intended to give the wire a place of
egress, and the screw holes for attachment of the wire and the
base, which holds the dimmer switch in place, indicate that the
principal use is as part of an electrical apparatus. An
additional indication that the swan is principally suitable for
use as an electrical switch is the fact that it is not suitable
for other uses. For example, it is not suitable for use as a
planter since it cannot be filled with water, as evidenced by the
warning label reading "DO NOT USE WATER IN SWAN." It cannot be
used as a candy bowl since the opening in the swan is not large
enough to allow a hand to reach candy at the bottom of the
cavity. Although the swan could be used as a decorative piece
without accessory or, to hold dried flowers or other decorative
articles, the presence of the design features listed above which
accomodate use as part of an electrical switch is significant
enough to indicate that the principal use for which the swan is
suitable is as part of an electrical switch.
Note 1(f) to Section XV states that the section does not
cover articles of Section XVI. Since the swan and base assembly
is prima facie included in a provision of Section XVI, as a part
suitable for use solely or principally with an electrical switch,
it is effectively barred from classification in Section XV by
Note 1(f).
HOLDING:
An assembly consisting of a brass swan and base, designed
for use in connection with a dimmer switch unit and electrical
wiring, is a part suitable for use solely or principally with an
electrical apparatus for switching electrical circuits and is
properly classified under subheading 8538.90.0080, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division