CLA-2-94:OT:RR:NC:1:110
Ms. Gita Yao
Milgram & Company Ltd.
407 McGill Street, Suite 500
Montreal, Quebec H2Y 2G7
Canada
RE: The tariff classification of two table lamps and a floating lamp from China.
Dear Ms. Yao:
In your letter dated March 16, 2010, you requested a tariff classification ruling on behalf of your client, KGB Décor-For-U Inc.
The items under consideration are described as the Tears Drop lamp, the Kubb lamp, and the Bubly lamp.
The Tears Drop lamp measures approximately 8.3 inches high by 7 inches in diameter at is widest points. It features a white and RGB (red, green, and blue) LED (light emitting diode) light source, encased in a translucent teardrop-shaped glass or polyethylene diffuser. This lamp is designed for indoor or outdoor use, and features a flat base for placement on a table, desk, or any flat surface. Its settings include providing low, medium, or high intensity white light; randomly cycling through various colors, and also a flickering candle effect. The Tears Drop lamp is powered by an internal lithium-ion (Li-ON) battery, which is recharged by means of an included charging base with an AC adapter.
The Kubb lamp measures approximately 17 inches square, and features a white and RGB light source, encased a translucent cube-shaped polyethylene diffuser. The Kubb lamp is also designed for indoor or outdoor use, and features a flat base for placement on a table, desk, or any flat surface. Likewise, it is powered by an internal Li-ON battery, which is recharged by means of an included charging base with an AC adapter, and provides the same variety of lighting intensity and color options as the Tears Drop lamp.
The Bubly lamp is globe-shaped, measuring approximately 10 inch in diameter. It is waterproof and buoyant, designed to float in an indoor or outdoor swimming pool while providing light. Like the previous models, it features a rechargeable Li-ON battery and a white and RGB LED light source that provides a variety of lighting effects, including a choice of intensities of white light; random color cycles; and a flickering candle setting, all encased within a translucent round diffuser housing. The Bubly lamp is recharged by means of its included charging base and AC adapter.
The applicable subheading for the Tears Drop lamp and the Kubb lamp will be 9405.20.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Electric table, desk, bedside, or floor-standing lamps: Other: Household.” The general duty rate will be 3.9 percent ad valorem.
The applicable subheading for the Bubly lamp will be 9405.40.8000, HTSUS, which provides for “Lamps and lighting fittings…: Other electric lamps and lighting fittings: Other.” The general duty rate will be 3.9 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the Candle Holder and the Wize-Lite. Your request for a classification ruling should include samples of each as imported; the general physical characteristics of the merchandise; the use, if any, of the same manner as merchandise which defines the class; the expectations of the purchasers of the merchandise; the channels of trade in which the merchandise moves; and environment of the sale of the merchandise (i.e. accompanying accessories and the manner in which the merchandise is advertised and displayed). When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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