CLA-2-94:OT:RR:NC:1:110
Mr. Gerald J. Bresnihan
CH Powell Company
479 Wando Park Boulevard
Mt. Pleasant, SC 29464
RE: The tariff classification of two wall-mounted emergency lights and an LED exit sign from China.
Dear Mr. Bresnihan:
In your letter dated June 9, 2009 you requested a tariff classification ruling.
The merchandise under consideration is described as the LM series emergency light, the CVEC series emergency light, and the CV3 LED Exit sign.
The LM series emergency lights are wall-mounted fixtures with a rectangular-shaped steel housing. The LM series emergency lights are hard wired units that operate on either 120 or 277 Volts (V) and include an internal rechargeable battery that energizes the lamp heads during a power failure. Depending upon the particular enclosure style chosen, the LM series light measures either 11½ inches high by 25 inches wide by 3? inches deep, or 13½ inches high by 27¼ inches wide by 4¾ inches deep at its widest points. They are available for indoor/outdoor use in wet or damp locations in a variety of configurations, including the incorporation of 3 or 4 lamp heads which may be top or side mounted, utilizing 6 or 12 V lamps, and containing Ni-Cad batteries. All models feature a test switch and AC-on indicator light.
The CVEC series emergency lights are wall-mounted fixtures with a rectangular-shaped thermoplastic housing. It features two T-5 incandescent lamps which may be top or side mounted. They are hard wired units that operate on either 120 or 277 V and include an internal rechargeable battery that energizes the lamp heads during a power failure. Depending upon the specific model, the CVEC series lamp measures either 11? inches high by 15? inches wide by 6? inches deep, or 13? inches high by 17 inches wide by 5¾ inches deep at its widest points. It is also available in a variety of configurations, including 6 or 12 V lamp models and Ni-Cad battery models. All models feature a test switch and AC-on indicator light.
The CV3 series LED Exit Sign is a wall or ceiling-mounted rectangular-shaped thermoplastic housing measuring approximately 9¾ inches high by 13 inches wide by 53/16 inches deep at its widest points. This series features an “EXIT” sign panel with internal LED (light emitting diode) lamps and two snap-in directional chevron arrows. They are available in white or black housing with red or green letters. The CV3 series exit signs are hard wired units that operate on either 120 or 277 V and are suitable for wet or damp locations. The “Emergency Models” also feature an internal Ni-Cad battery in case of power failure, a test switch, and an AC-on indicator light.
The applicable subheading for the LM series emergency lights will be 9405.10.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Chandeliers and other electric ceiling or wall lighting fittings…: Of base metal: Other: Other.” The general rate of duty will be 7.6 percent ad valorem.
The applicable subheading for the CVEC series emergency lights will be 9405.10.8020, HTSUS, which provides for “Lamps and lighting fittings…: Chandeliers and other electric ceiling or wall lighting fittings…: Other: Other.” The general rate of duty will be 3.9 percent ad valorem.
The applicable subheading for the CV3 series LED Exit signs will be, 9405.60.6000, HTSUS, which provides for “Lamps and lighting fittings…illuminated signs, illuminated nameplates and the like, having a permanently fixed light source…: Illuminated signs, illuminated nameplates and the like: Other.” The general rate of duty will be 5.3 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,
Robert B. Swierupski
Director
National Commodity Specialist Division