CLA-2-94:OT:RR:NC:1:110

Mr. Phil Kudla
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of pool and spa lights, the country of origin was not stated.

Dear Kudla:

In your letter dated January 9, 2012, you requested a tariff classification ruling on behalf of your client, Pentair Pool and Spa. Two samples were submitted with your ruling request and will be returned to you.

The submitted samples are two watertight recessed pool and spa lights identified as the IntelliBrite® 5g and the Amerlite® Underwater Light. Both pool and spa lights consist of a round metal housing measuring approximately 9 inches in diameter at their widest point. They have a 7½ inch glass lens diffuser, gasket, uni-tension wire clamp, outer face or finish ring and a water resistant 3-conductor power cable ranging from 15-30’ in length. The IntelliBrite® 5g measures approximately 3 inches deep and utilizes a solid-state circuit board with light emitting diode (LED) technology providing continuous bright light and color-changing features. The Amerlite® Underwater Light features a cone-shaped housing measuring approximately 6½ inches deep and utilizes an R30 or R40 lamp/light bulb with a standard Edison screw-in base. Both pool and spa lights are designed for installation into stainless steel or plastic niches mounted within the concrete bottom or below the water line of the pool or spa walls.

The applicable subheading for the IntelliBrite® 5g and the Amerlite® Underwater Light will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Other electric lamps and lighting fittings: Of base metal: Other.” The general rate of duty will be 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,

Thomas J. Russo
Director
National Commodity Specialist Division