CLA-2 CO:R:C:M DFC
Mr. Lasse Koerm
North Continental Enterprises, Inc.
820 Church Street,
Evanston, IL 60201
RE: Lamp, oven
Dear Mr. Koerm:
In a letter dated August 1, 1991, you inquired as to the
tariff classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of an oven lamp manufactured in
Germany. A sample was submitted for examination.
FACTS:
The sample is a lamp fixture used in oven ranges. It has a
ceramic base or bulb-holder and a lens of hardened glass in a
retainer of stainless steel. The article is imported without
light bulb.
ISSUE:
What is the proper tariff classification of the oven lamp?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and, provided
such headings or notes do not otherwise require, according to
[the remaining GRI's taken in order]." In other words
classification is governed first by the terms of the headings of
the tariff and any relative section or chapter notes.
Heading 9405, HTSUSA, provides for lamps and lighting
fittings. However, the oven lamp in issue is precluded from
classification thereunder by Note 1(f) to Chapter 94, HTSUSA,
which reads as follows:
1. This chapter does not cover:
(f) Lamps or lighting fittings of chapter 85.
-2-
Subheading 8516.90.20, HTSUSA, provides for other
electrothermic appliances, parts, of cooking stoves, ranges and
ovens. You have informed us that 60 percent of the ovens made in
the United States are electric. Inasmuch as oven lamps
represented by the sample are principally used in the United
States with electric ovens, classification of the sample under
subheading 8516.90.20, HTSUSA, is appropriate.
Holding:
The oven lamp is entitled to free entry under subheading
8516.90.20, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY Seaport
1cc DD Chicago
1cc John Durant
1cc James Smyth NY Seaport