Mr. David J. Levine
McDermott, Will & Emery
1850 K Street, N.W.
Washington, DC 20006-2296
RE: The tariff classification of parts of track lighting systems from
Dear Mr. Levine:
In your letter dated August 27, 1996, on behalf of Fyrnetics, Inc., you
requested a tariff classification ruling. The samples are being returned as
The samples submitted, items L-3703, L-735, L-1551, E-2830 and E-2835, are
parts of track lighting systems. They are stated to be representative samples
of the track lighting parts to be imported. The parts are identified as
lampholders and are principally made of metal and plastic materials.
In your request, you suggest that these lampholders are classifiable under
subheading 8536.61.0000, HTS, the provision for lamp-holders. This opinion is
based upon the description of lamp-holders as stated in Explanatory Note (EN)
85.36 A(3). In the condition as imported, however, these items would be
precluded from classification under heading 8536,HTS, by virtue of the last
paragraph of EN 85.36 A(3) which states that "plugs and sockets, etc., assembled
with a length of wire, are excluded." Aside from the housing and bracket, the
lampholders consist of a socket connected by lengths of insulated wires to a
mounting adaptor with contact heads, i.e., a plug. Although this exclusion
makes reference to classification under heading 8544 in the alternative, that
provision would not be applicable to these lampholders since their essential
character is clearly beyond the scope of heading 8544.
In addition, in EN 94.05 it states that "Non-electrical parts of articles
of this heading, combined with electrical parts, remain classified here." Since
the housing and bracket are non-electrical parts that are combined with
electrical parts to form parts of lamps and lighting fittings, the subject
articles are classified under heading 9405, HTS.
The applicable subheading for items L-3703, L-735, L-1551, E-2830 and
E-2835 will be 9405.99.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for parts of lamps and lighting fittings other than of
glass, plastics or brass. The rate of duty will be 7 percent ad valorem.
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 letter 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
George Kalkines at 212-466-5794.
Roger J. Silvestri