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

Ms. Kathleen Root
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of lighting fixtures and lamps from China.

Dear Root:

In your letter dated July 12, 2007, you requested a tariff classification ruling on behalf of your client, Murray Feiss.

The merchandise under consideration consists of two lamps and three chandeliers. The first two products are identified as Table Torchiere, item numbers 9485CPBZ and 9523FG. The three chandeliers are identified as item numbers F2181/3MSH, F2182/6SPB and F2184/6+FG.

The Table Torchiere 9485CPBZ is a table lamp measuring approximately 20 inches high with a 7 inch diameter round base. This lamp is a designer lamp consisting of an antique brass-finished cast resin base, cage, and shade support, with steel and brass fittings surrounding an inverted, bell-shaped, umber-colored glass shade. The glass lamp shade measures approximately 8 inches tall with an open top diameter of 6 inches. The attached power cord features an in-line dimmer/switch and polarized plug. This lamp utilizes a single 60 Watt (W) “Edison Base” light bulb/lamp.

The Table Torchiere 9523FG is a table lamp measuring approximately 35¾ inches high with a 5? inch square base. This lamp is a designer lamp consisting of an antique brass-finished cast resin base measuring approximately 2½ inches high, a 3-inch square marble section measuring approximately 6 inches high affixed to the base, and a antique brass-finished cast resin center section measuring approximately 14 inches high, which is supported by four resin square tubes with steel and brass fittings. An inverted bell-shaped glass lampshade, colored in cognac with burnt umber swirls, sits atop the entire structure. The glass lampshade measures approximately 8 inches tall with an open top diameter of 6 inches. The attached power cord features an in-line dimmer/switch and polarized plug. This lamp utilizes a single 60W “Edison Base” light bulb/lamp.

Chandelier F2181/3MSH is a 3-light designer lighting fixture, measuring approximately 22 inches high, with three outward-extending arms that create a diameter of approximately 15 inches. The body of the chandelier is constructed of gold-finished cast resin and clear fluted glass sections. The three arm assemblies are constructed of steel bent into a scroll design, each reaching outwards from the chandelier body approximately 6 inches. Each arm assembly supports a cast resin fitting; the fittings support lamp-holders hidden in 3-inch-tall plastic tubes, as well as a wire assembly which supports rigid linen lamp shades. The lamp shades measure approximately 6 inches tall with a top diameter of 3½ inches, tapering downwards to a bottom diameter of 5½ inches. This chandelier utilizes three 60W candelabra base light bulbs/lamps.

Chandelier F2182/6SPB is a 6-light designer lighting fixture, measuring approximately 68 inches high, with six arms extending outwards that create a diameter of approximately 55 inches. The body of the chandelier is constructed primarily of wood, finished in walnut, with cast resin decorative fittings in an antique brass finish. The six arm assemblies are constructed of steel, and are bent into a drip loop design reaching outwards from the chandelier body approximately 22? inches. The arm assemblies support steel fittings resembling candle ring or bobeche drip cups, from which rise supporting tubes that house hidden lamp-holders with slip-in harp and spinning brackets for attaching linen lamp shades. The lamp shades measure approximately 8 inches tall with a top diameter of 4 inches, tapering down and outwards to a bottom diameter of 7 inches. This chandelier utilizes six 60W candelabra base light bulbs/lamps.

Chandelier F2184/6+FG is a 9-light designer lighting fixture, measuring approximately 40 inches high, with nine arms extending outwards that create a diameter of approximately 36 inches. The body of the chandelier is constructed primarily of cast resin in an antique brass finish. The nine arm assemblies are constructed of steel bent into a scroll design, reaching outwards from the chandelier body approximately 16 inches. The arm assemblies support cast resin fittings with lamp-holders and inverted bell-shaped, cognac-colored glass lampshades. The lamp shades measure approximately 8 inches tall with a top opening diameter of 5 ? inches. This chandelier utilizes nine 100W medium base light bulbs/lamps.

The applicable subheading for the three Chandeliers will be 9405.10.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…not elsewhere specified or included…: Chandeliers and other electric ceiling or wall lighting fittings…: Other: Household.” The general rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the two Table Torchiere lamps will be 9405.20.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…not elsewhere specified or included…: Electric table, desk, bedside or floor-standing lamps: Other: Household.” The general rate of duty 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/.

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