CLA-2-94:OT:RR:NC:1:110
Mr. Matt Meinte
Hubbell
701 Millennium Blvd.
Greenville, SC 29607
RE: The tariff classification of a light emitting diode (LED) light fixture from Mexico.
Dear Mr. Meinte:
In your letter dated November 2, 2012, you requested a tariff classification.
The merchandise under consideration is the LED light fixture, described as the LED based, ceiling mounted light fixture with an aluminum housing (LED HIGHBAY- HBL Series).
Based on the information you provided, as well information on that specific light fixture from the internet, it appears the LED HIGHBAY- HBL Series is a ceiling light fixture principally designed to light any large interior space such as, heavy industrial settings, warehouses, gyms, churches and shopping malls. The fixture consists of bowl-shaped finned aluminum housing with a top fitting for mounting onto the ceiling. The LED HIGHBAY- HBL Series measures approximately 6 inches high by 18 inches in diameter at its widest point. It is equipped with a LED lamp count ranges from 72 to 60 to 48 depending on the model.
In your letter you inquired about Customs’ definition for a “public open spaces or thoroughfares” of subheading 9405.10, Harmonized Tariff Schedule of the United States (HTSUS). It is well established that tariff terms are to be construed in accordance with their common and commercial meanings, which are presumed to be the same. The common meaning of "public" is "1 of, belonging to, or concerning the people as a whole; of or by the community at large" and that of "thoroughfare" is "1 a way or passage through [or] 2 a public street open at both ends, esp. one through which there is much traffic; highway; main road" (Webster’s New World Dictionary, Third College Edition, at 1087, 1393 (1988)). Examples of lighting within the meaning would be lights of a kind used for lighting streets or parks.
The applicable subheading for the LED based ceiling mounted light fixture with an aluminum housing (LED HIGHBAY- HBL Series) will be 9405.10.6020, HTSUS, which provides for “Lamps and lighting fittings…: Chandeliers and other electric ceiling or wall lighting fittings…: Of base metal: Other: Other.” The general rate of duty will be 7.6 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 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 Hope Abada at (646) 733-3016.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division