CLA-2-85:OT:RR:NC:N2:220
Krisanne Fischer
C/O Bernadette Placido – Mail Code 232
Customs Compliance
QVC, Inc.
1200 Wilson Drive
West Chester, PA 19380
RE: The tariff classification of the Fiber Optic Pick from China
Dear Ms. Fischer:
In your letter dated August 23, 2018 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Fiber Optic Pick, (Pick), Item # H216582. The Pick is described as an 11 cm cylindrical battery holder and a 3 cm base. The base has a 21 cm bundle of plastic optical fiber protruding from the top. The battery holder and base are connected by an electrical wire measuring 61 cm. The Pick operates on two AAA batteries with continuous on and timer modes. In use, the Pick features a color morphing function that slowly transitions between different colors to the various strands of fiber and is intended to provide decorative accent to an indoor or outdoor setting. The samples you provided will be returned to you as requested.
In your request, you suggest the Pick could potentially be classified under two tariff subheadings. The first proposed classification is 3926.40.0090, Harmonized Tariff Schedule of the United States (HTSUS). We disagree as heading 3926 covers a wide range of plastic articles that are not more specifically provided for elsewhere in the tariff. Noting that the Pick under consideration is more specifically provided for as an electrical apparatus in latter subheadings of the tariff, it would not be classifiable under heading 3926 as an ornamental article of plastic.
As an alternative, the second proposed classification is under subheading 9405.40.8440, HTSUS, where you suggest the Pick may be described as a lamp or lighting fitting. We disagree as the Pick does not meet the definition of a "lamp" and does not provide light to the surrounding area as stipulated in New York Merchandise Co., Inc. v. United States, Court No. 75-2-00514 (3-12-81). The article utilizes light purely for its decorative effect and any lighting of the surrounding area is only incidental.
The applicable subheading for the Fiber Optic Pick, Item # H216582, will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other”. The rate of duty will be 2.6 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 https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division