CLA-2-94:OT:RR:NC:1:110
Ms. Judith L. Haggin
J.L. Haggin & Associates
1225 NW Murray Road
Suite 214
Portland, OR 97229
RE: The tariff classification of suspended lighting fixtures from China.
Dear Ms. Haggin:
In your letter dated November 16, 2009 you requested a tariff classification ruling on behalf of your client, Sunlight Supply Inc.
The merchandise under consideration are described as the Econowing Reflector, part number 904465; the Value Wing Reflector, part number 904467; and the Bright Wing Reflector, part number 904290. All three are suspended aluminum lighting fixtures designed for use in the indoor gardening industry.
The Econowing Reflector measures approximately 21 ¼ inches long by 15 inches wide by 4 ½ inches tall, and consists of a lamp-holder with a half-cylinder-shaped aluminum reflector that is suspended from the ceiling by steel mounting brackets. The Econowing Reflector features a power cord, and is designed to accept HID (high intensity discharge) bulbs.
The Value Wing Reflector measures approximately 18 inches long by 13 ½ inches wide by 5 ¾ inches high. It also consists of a lamp-holder designed for use with HID bulbs, and a ceiling-mounted half-cylinder-shaped aluminum reflector. It provides a terminal block for connection to power via a separate power cord.
The Bright Wing Reflector is comprised of a lamp-holder that accommodates up to 150 Watt fluorescent lamps, and a half-cylinder-shaped reflector. It measures approximately 21 ¼ inches long by 15 inches wide by 4 ½ inches tall, and provides an integrated ceiling mounting bracket with chrome wire hangers, and a 8 foot grounded power cord.
In your ruling request you suggest classification of these 3 fixtures in 9405.10.8020 as a household electric ceiling fitting of other than base metal, citing ruling NY N032539, dated July 18, 2008. However, the Econowing Reflector, Value Wing Reflector, and Bright Wing Reflector are not the class or kind of fixtures used in a household, and they are made of aluminum, which is a base metal. In addition, ruling NY N032539 is currently under reconsideration.
The applicable subheading for the Econowing Reflector, part number 904465; the Value Wing Reflector, part number 904467; and the Bright Wing Reflector, part number 904290 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 and wall lighting fittings…: Of base metal: Other: Other.” The general 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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division