CLA-2-94:OT:RR:NC:1:110
Mr. Aaron Cullen
Barthco International, Division of OHL
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of light string sets from China.
Dear Mr. Cullen:
In your letter dated April 25, 2012, you requested a tariff classification ruling on behalf of your client, CVS/Pharmacy.
The items under consideration are two styles of light strings, identified as the Color Changing LED Light System, Item Number 886680 and the Amazing! Chasing Lights, Item Number 886685. Samples were submitted with your ruling request and will be returned to you.
From the information and samples that you have provided, Item Numbers 886680 and 886685 are light strings that are designed, marketed and sold during the Christmas holiday season. They are packaged in retail boxes with a “TRY ME” button for customers to sample the lights. Item Number 886685 consists of four dark green insulated wire conductors twisted together, incorporating 15 green lamp-holders with faceted C7 multicolor plastic LED (light emitting diode) lamps equally spaced 8 inches apart along the light strings, which measures approximately 10.5 feet in length. One end of the light string has a 16 inch lead wire with a combination two-prong plug and socket rated for 125 volt (V) and incorporating a 3 amp (A) fuse connected to a control/battery compartment for the “TRY ME” button and a second control box for the light color pattern; at the other end is a two-prong socket. Item Number 886680 is identical to Item Number 886685 in construction except that it features 10 white C9 LED lamps equally spaced approximately 12 inches apart along the light string. The light strings may be connected end-to-end with additional light strings and may be draped, hung, or displayed in various areas of the home (e.g., doorways, windows, railings, fireplace mantles, etc.). They are of a kind used for Christmas trees by virtue of their design.
Item Numbers 886680 and 886685 are light strings also known as electric garland. Electric garland was defined in HQ 963311 as “an article…able to be hung or displayed and is composed of a string of light bulbs which are powered by an electrical source either attached by a battery, cord, or plug.”
The applicable subheading for the Color Changing LED Light System, Item Number 886680 and the Amazing! Chasing Lights, Item Number 886685, will be 9405.30.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Lighting sets of a kind used for Christmas trees: Other.” The general rate of duty will be 8 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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division