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HQ 084141


July 3, 1990

CLA-2 CO:R:C:G 084141 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.30

Mr. Charles Laber
Silvestri Corporation
2720 North Paulina
Chicago, IL 60614

RE: Reconsideration of New York Ruling Letter 833895, brass candlestick

Dear Mr. Laber:

This office has been asked to reconsider New York Ruling Letter 833895 ("NY 833895"), dated December 2, 1988. NY 833895 concerned the classification of certain brass candlesticks.

FACTS:

The articles in question are candlesticks made chiefly of brass and imported from Taiwan. The candlesticks were classified in NY 833482 under subheading 7418.10.20, Harmonized Tariff Schedule of the United States Annotated ("HTSUSA"), as "Table, kitchen or other household articles and parts thereof, of copper...Other... Of copper-zinc base alloys (brass)..."

We have been asked to consider whether the candlesticks were improperly classified and whether the appropriate classification is within subheading 9405.50.30, HTSUSA, as " Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Non- electrical lamps and lighting fittings...Other...Of brass..."

ISSUE:

Whether the brass candlesticks are properly classified within subheading 7418.10.20, HTSUSA, as "Table, kitchen or other household articles and parts thereof, of copper...Other... Of copper-zinc base alloys (brass)...", or within subheading 9405.50.30, HTSUSA, as "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Non-electrical lamps and lighting fittings...Other...Of brass..."

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..."

A candlestick is an article capable of providing illumination when used with a candle. Candlesticks are therefore a type of lamp within the meaning of the HTSUSA. See Explanatory Note 94.05, Harmonized Commodity Description and Coding System ("HCDCS"), Vol. 4, p. 1581. The Explanatory Notes to the HTSUSA specifically state that candlesticks are to be included within heading 9405, HTSUSA. Explanatory Note 94.05(I)(6), HCDCS, Vol. 4, p. 1581. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. See 54 Fed. Reg. 35127, 35128 (August 23, 1989)

Furthermore, Explanatory Note 74.18(g) states that articles of Chapter 94 should be excluded from classification under heading 7418, HTSUSA. HCDCS, Vol 3, p. 1052. The articles of heading 9405 are within Chapter 94. Therefore, the candlesticks are meant to be excluded from classification under heading 7418. The appropriate classification of the candlesticks is in subheading 9405.50.30.

HOLDING:

The candlesticks made chiefly of brass, the subjects of NY 833895, are properly classified within 9405.50.30, HTSUSA, as "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Non-electrical lamps and lighting fittings...Other... Of brass..."

NY 833895 is revoked in accordance with Customs Regulation 177.9(d), 19 C.F.R. 177.9(d) (1989).

Sincerely,

John Durant, Director
Commercial Rulings Division

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