CLA-2-94:OT:RR:NC:1:110
Ms. Julie Hsia
Santa's Best Crafts, Ltd.
204 Spring Hill Road
Trumbull, CT 06611
RE: The tariff classification of light string sets from China
Dear Ms. Hsia:
In your letter dated July 15, 2011, you requested a tariff classification ruling.
The items under consideration are six styles of light strings, identified as the Frosted Globe Light String, Item Number 72050; Snowflake Light String, Item Number 72060; Diamond Light String, Item Number 72070; Solar LED Snowflake Pathway Marker Set, Item Number 95010; and the Solar LED C5 Light Sets, Item Numbers 959635 and 95636. Five samples were submitted with your ruling request and will be returned to you.
From the information and samples that you have provided, Item Numbers 72050 and 72060 are light strings identical in all respects except for the shape of the lamp covers. Each sample consists of a three conductor flat wire cable with white insulation. Eighteen white lamp-holders with LED (light emitting diode) lamps are equally spaced along the light strings, which measures approximately 34 feet in length. Item Number 72050 features removable white plastic lamp covers in the form of round bulbs or globes measuring approximately 3 inches in diameter. Item Number 72060 features speckled and frosted plastic 6 point snow flake lamp covers measuring approximately 6 inches in diameter and ¼ inch thick. Item Number 72070 is a light string identical in all aspects to Item Numbers 72050 and 72060 except for the length of the light string, which is 29 feet in length and includes 36 clear plastic lamp covers resembling round 10pt diamonds measuring approximately 2 inches in diameter by 1 inch thick. At the end of each light string is a push-button control box that provides 14 color changing functions and a 6 inch lead wire that plugs into a power supply transformer. The three light strings are imported with power supplies and wireless remote controls.
Item Number 95010 is the Solar LED Snowflake Pathway Set consisting of four 6-point snowflakes and a solar panel power supply. The snowflakes are connected together by a twisted pair of white insulated conductors equally spaced along 4½ feet of the light string, which measures approximately 8½ feet in length. The snowflakes are manufactured of molded plastic, two of clear plastic and two of blue tint. Each snowflake measures approximately 8 inches in diameter by ½ inch thick and houses 12 LED lamps. The Snowflake Pathway Set is imported with plastic lawn stakes and a solar power supply with a three position push-button switch for steady on, off or flashing and a photocell, which turns the lights on automatically at dusk and off at dawn. When the lawn stakes are not used, the snowflake pathway markers may be hung, draped or displayed on a house, tree or shrubs.
Item Numbers 95635 and 95636 are Solar LED C5 Light Sets consisting of 5 twisted dark green insulated conductors measuring approximately 24 feet long incorporating 100 green lamp-holders equally spaced 3 inches apart along 20 feet of the light string. Each lamp-holder incorporates LED lamps with faceted plastic C-5 size lamp covers. At the end of the light strings are solar panel power supplies with a three position push-button switch for steady on, off or flashing and a photocell, which turns the lights on automatically at dusk and off at dawn. Item Number 95635 features multicolor lamp covers and Item Number 95636 has clear lamp covers. These light strings are advertised for use during the Christmas holiday season and are of a kind used for Christmas trees by virtue of their design.
All of the above six items are light strings also known as electric garland. Electric garland was defined in HQ 963311 as “an article…able to be hung or displayed and is composed of a string of light bulbs which are powered by an electrical source either attached by a battery, cord, or plug.”
The applicable subheading for the Solar LED C5 Light Sets, Item Numbers 959635 and 95636 will be 9405.30.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Lighting sets of a kind used for Christmas trees: Other.” The general rate of duty will be 8 percent ad valorem.
The applicable subheading for the Frosted Globe Light String, Item Number 72050; Snowflake Light String, Item Number 72060; Diamond Light String, Item Number 72070 and the Solar LED Snowflake Pathway Marker Set, Item Number 95010 will be 9405.40.8000, HTSUS, which provides for “Lamps and lighting fittings…: Other electric lamps and lighting fittings: Other.” 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