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HQ 083785


June 6, 1989

CLA-2 CO:R:CV:G: 083785 BPM

CATEGORY: CLASSIFICATION

TARIFF NO.: 8538.90.0080

Mr. Wilfried Wedemeyer
Janel International Forwarding Co.
405 South Isis Avenue
Inglewood, California 90301

RE: Brass swan and base unit used as a touch switch for incandescent lamps

Dear Mr. Wedemeyer:

By letter dated February 7, 1989, you requested on behalf of your client, Markay Industries, Beaumont, California, a ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) on the appropriate tariff classification of a brass ornamental swan and base assembly used as a part of a decorative dimmer switch for incandescent lamps.

FACTS:

The swan and base assembly to be classified herein is composed of a brass swan approximately eight inches high, five inches wide and three inches deep resting on a base that is slightly more than one inch high. The swan is hollow, having an opening on its back for access to a cavity. The base is also hollow, has a protrusion with a threaded screw hole for the connection of a small electrical wire on the underside and a notch for the egress of a three conductor electrical wire on the side.

After importation, the wires and electronic dimmer switch unit are connected with the swan and base assembly creating a decorative dimmer switch operated by touch.

ISSUE:

Is the brass swan and base assembly, used in connection with a dimmer switch unit and electrical wiring, (1) a part suitable for use solely or principally with an electrical apparatus for switching electrical circuits, classifiable under
subheading 8538.90.0080, HTSUSA, or (2) a statuette or other ornament of base metal, classifiable under subheading 8306.29.0000, HTSUSA?

LAW AND ANALYSIS:

The design of the swan and base assembly renders it a part suitable for use principally with the dimmer switch. For example, the notch, which is intended to give the wire a place of egress, and the screw holes for attachment of the wire and the base, which holds the dimmer switch in place, indicate that the principal use is as part of an electrical apparatus. An additional indication that the swan is principally suitable for use as an electrical switch is the fact that it is not suitable for other uses. For example, it is not suitable for use as a planter since it cannot be filled with water, as evidenced by the warning label reading "DO NOT USE WATER IN SWAN." It cannot be used as a candy bowl since the opening in the swan is not large enough to allow a hand to reach candy at the bottom of the cavity. Although the swan could be used as a decorative piece without accessory or, to hold dried flowers or other decorative articles, the presence of the design features listed above which accomodate use as part of an electrical switch is significant enough to indicate that the principal use for which the swan is suitable is as part of an electrical switch.

Note 1(f) to Section XV states that the section does not cover articles of Section XVI. Since the swan and base assembly is prima facie included in a provision of Section XVI, as a part suitable for use solely or principally with an electrical switch, it is effectively barred from classification in Section XV by Note 1(f).

HOLDING:

An assembly consisting of a brass swan and base, designed for use in connection with a dimmer switch unit and electrical wiring, is a part suitable for use solely or principally with an electrical apparatus for switching electrical circuits and is properly classified under subheading 8538.90.0080, HTSUSA.

Sincerely,

John Durant, Director

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