CLA-2 R:C:M 958097 RFA
Mr. Mark E. Stubbs
Unitrans International Corporation
709 S. Hindry Avenue
Inglewood, CA 90301-3005
RE: HMI Lighting; Photographic flashlight apparatus; Lamp and
lighting fittings including searchlights and spotlights;
heading 9006; ENs 90.06, 94.05; General EN to chapter 94;
Additional U.S. Rule of Interpretation 1(a)
Dear Mr. Stubbs:
This is in reference to your letters dated March 2 and April
18, 1995, to the Area Director of Customs in New York, on behalf
of LTM Corporation of America ("LTM"), concerning the tariff
classification of HMI lighting fixtures under the Harmonized
Tariff Schedule of the United States (HTSUS). Your letters were
forwarded to this office for a response. In preparing this
ruling, consideration has also been given to technical
information provided by LTM by letter dated August 11, 1995.
FACTS:
The merchandise consists of three models of HMI lighting
fixtures. "HMI" stands for Hydrargyrum (Latin for mercury),
Medium arc length, and Iodines (a rare earth component which
corrects color temperature light output to 5600 degrees Calvin
[imitates daylight in the shade]). The three models (hereinafter
referred to as "HMI lighting fixtures") are the Cinepar 200 S/E,
the Super 18000, and the Luxarc 575. All three models have a
metal housing.
The Cinepar 200 S/E is a compact fixture which contains a
daylight single-ended 200 watt single ended, S/E MSP hot restrike
bulb, and a set of 4 lenses (Fresnel) for focusing. It also
comes with an electronic ballast (AC Mains Power of 100-240 VAC).
The Super 18000 is the brightest Fresnel lamp head used with
electronic ballast and provides output in flood position and in
spotlight position. The Luxarc 575 is a compact Fresnel lamp
head which is well-suited where space is limited, and is used
with an electronic ballast.
The subject merchandise produce between 85 and 102 lumens
per watt compared to incandescent at a maximum of 30 lumens per
watt. HMI lighting fixtures put out a light that appears to the
naked eye as a steady light source but is actually 120 pulses of
light per second. Literature also states that the fluctuation,
while not visible to the naked eye, could be captured on film as
a steady pulsation in intensity if the camera is not in precise
synchronization with the lights. To avoid capturing light
pulsation on the filmed image, you must (1) use a crystal-controlled camera, (2) run the camera at one of a number of
specific frame rates, and (3) use a line current that is
maintained at exactly 60 Hz.
ISSUE:
Are the HMI lighting fixtures classifiable as photographic
flashlight apparatus or light and lighting fixtures under the
HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with 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.
Because the subject merchandise pulses lights 120 times per
half cycle or 120 pulses of light per second, you indicate that
it "flashes" and is therefore classifiable under heading 9006,
HTSUS, which provides for: "[p]hotographic (other than
cinematographic) cameras; photographic flashlight apparatus and
flashbulbs other than discharge lamps of heading 8539; parts and
accessories thereof". The Harmonized Commodity Description and
Coding System Explanatory Notes (EN) constitute the official
interpretation of the HTSUS. While not legally binding, the ENs
provide a commentary on the scope of each heading of the HTSUS
and are generally indicative of the proper interpretation of
these headings. See T.D. 89-80, 54 FR 35127, 35128 (August 23,
1989). EN 90.06, page 1467, states that:
(II) PHOTOGRAPHIC FLASHLIGHT APPARATUS AND FLASHBULBS
This group covers photographic flashlight apparatus and
flashbulbs which are used for professional or amateur
photography, in photographic laboratories or in
photogravure work.
These devices produce very bright light for a very
short duration (flash) and are thus distinguished from
photographic lighting equipment of heading 94.05.
According to the information provided, the HMI lighting
fixtures continuously pulse light at 120 times per second, which
appears to the naked eye to be a steady light. These lights are
principally used with motion picture cameras and with video
cameras used in broadcasting television news programs. The
subject merchandise has no recycle time, allowing for a
photographer to keep shooting. Literature also states that the
fluctuation, while not visible to the naked eye, could be
captured on film as a steady pulsation in intensity if the camera
is not in precise synchronization with the lights. Based upon
these facts, we find that the HMI lighting fixtures do not
satisfy the description in EN 90.06, because they are not used
for professional or amateur photography, in photographic
laboratories or in photogravure work. We further note that
cinematographic cameras and the apparatus related to it are
excluded from the terms of heading 9006, HTSUS.
Heading 9405, HTSUS, provides for lamps and lighting
fittings including searchlights and spotlights. EN 94.05, page
1581, states that:
Lamps and lighting fittings of this group can be
constituted of any material (excluding those materials
described in Note 1 to Chapter 71) and use any source
of light (candles, oil, petrol, paraffin (or kerosene),
gas, acetylene, electricity, etc.). Electrical lamps
and lighting fittings of this heading may be equipped
with lamp-holders, switches, flex and plugs,
transformers, etc., or, as in the case of fluorescent
strip fixtures, a starter or a ballast.
This heading covers in particular:
* * * * * *
(3) Specialised lamps, e.g.: darkroom lamps; machine
lamps (presented separately); photographic studio
lamps; inspection lamps (other than those of
heading 85.12); non-flashing beacons for
aerodromes; shop window lamps; electric garlands
(including those fitted with fancy lamps for
carnival or entertainment purposes or for
decorating Christmas trees).
* * * * * *
This group also includes searchlights and
spotlights. These throw a concentrated beam of light
(which can usually be regulated) over a distance onto a
given point or surface, by means of a reflector and
lenses, or with a reflector only. The reflectors are
usually of silvered glass, or of polished, silvered or
chromium-plated metal. The lenses are usually
plano-convex or stepped (Fresnel lenses).
Searchlights are used, e.g., for anti-aircraft
operations, and spotlights, e.g., for stage sets and in
photographic or film studios.
The HMI lighting fixtures throw a concentrated beam of light
over a distance by means of reflectors and Fresnel lenses. The
information submitted describe the HMI lighting fixtures as being
principally used with motion picture and video cameras, or at
television studios. Lighting fixtures for these types of cameras
are provided for under heading 9405, HTSUS. Additional U.S. Rule
of Interpretation 1(a) states that:
[i]n the absence of special language or context which
otherwise requires-- a tariff classification controlled
by use (other than actual use) is to be determined in
accordance with the use in the United States at, or
immediately prior to, the date of importation, of goods
of that class or kind to which the imported goods
belong, and the controlling use is the principal use.
Based upon Additional U.S. Rules of Interpretation 1(a), we
find that the principal use of the subject merchandise is like
that of lighting fittings including spotlights, under subheading
9405.40.60, HTSUS.
You also requested the classification of unspecified parts
of the HMI lighting fixtures. General EN to chapter 94, HTSUS,
page 1575, states that:
PARTS
This Chapter only covers parts, whether or not in
the rough, of the goods of headings 94.01 to 94.03 and
94.05, when identifiable by their shape or other
specific features as parts designed solely or
principally for an article of those headings. They are
classified in this Chapter when not more specifically
covered elsewhere.
If the parts are identifiable by their shape or some other
specific feature which indicate that they are designed solely or
principally for the HMI lighting fixtures, then they are
classifiable under one of the provisions in heading 9405, HTSUS.
However, parts which are specifically provided for elsewhere in
another provision within the tariff schedule take precedence over
the parts provision.
HOLDING:
The HMI lighting fixtures are classifiable under subheading
9405.40.60, HTSUS, which provides for: "Lamps and lighting
fittings including searchlights and spotlights and parts thereof,
not elsewhere specified or included . . . : [o]ther electric
lamps and lighting fittings: [o]f base metal: [o]ther. . . . "
The general, column one rate of duty is 7.3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division