CLA-2-94:OT:RR:NC:1:110
Mr. Aaron Cullen
Barthco International, Division of OHL
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of light string sets from China.
Dear Mr. Cullen:
In your letter dated May 14, 2012, you requested a tariff classification ruling on behalf of your client, CVS/Pharmacy.
The items under consideration are two styles of light strings, identified as the 35 LED Color Changing C7 Lights, Item Number 886602 and the 60 LED C9 Style Lights, Item Number 886607. Samples were submitted with your ruling request and will be returned to you.
From the information and samples that you have provided, the 35 LED Color Changing C7 Lights, Item Number 886602 consists of three dark green insulated wire conductors twisted together, incorporating 35 green lamp-holders with faceted C7 translucent plastic LED (light emitting diode) lamps equally spaced 7 inches apart along the light string, which measures approximately 21 feet in length. One end of the light string has a 6 inch lead wire with a combination two-prong plug and socket rated for 125 volt (V) and incorporating two 3 amp (A) fuses connected to a control box for the light color pattern; at the other end is a two-prong socket. This light string is packaged in a retail box with a remote control for the color control box and designed for turning the light string on and off.
The 60 LED C9 Style Lights, Item Number 886607 are identical to Item Number 886602 in construction except that it features 60 white C9 LED clear plastic lamps equally spaced approximately 7 inches apart along the light string measuring approximately 35 feet long. It does not have the remote control feature.
The light strings may be connected end-to-end with additional light strings and may be draped, hung, or displayed in various areas of the home (e.g., doorways, windows, railings, fireplace mantles, etc.). They are of a kind used for Christmas trees by virtue of their design.
Item Numbers 886607 and 886602 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 35 LED Color Changing C7 Lights, Item Number 886602 and the 60 LED C9 Style Lights, Item Number 886607, 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.
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