CLA-2-94: RR: NC: 1:108 L89460

Ms. Margaret Sinozich
Masterpiece International, Ltd.
39 Broadway, Suite 1410
New York, NY 10006-3003

RE: The tariff classification of a chandeliers from various countries.

Dear Ms. Sinozich:

In your letter dated December 14, 2005 you requested a tariff classification ruling.

The issue concerns the classification of gilt-bronze and brass antique chandeliers that were originally non-electrified but prior to importation have been electrified. These chandeliers are hung, as a lighting source, from a ceiling.

Since the original non-electrified chandeliers are over one hundred years of age, you have suggested classification under 9706.00.0060, HTS, which includes antiques of an age exceeding one hundred years. To be classified under this provision, an item must have existed in that condition over one hundred years ago. Since these chandeliers have been electrified, they did not exist in that condition one hundred years ago. Thus classification as an antique is not applicable in this case. Classification will be accordingly.

The applicable subheading for the electrified brass chandeliers will be 9405.10.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Of base metal: Of brass … Household. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the electrified gilt-bronze chandeliers will be 9405.10.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Other … Household. The rate of duty will be 7.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division