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HQ 084142


July 3, 1990

CLA-2 CO:R:C:G 084142 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.30

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: Reconsideration of New York Ruling Letter 833482, silver plated brass chamberstick, candlestick

Dear Mr. Liberati:

This office has been asked to reconsider New York Ruling Letter 833482 ("NY 833482"), dated April 5, 1989. NY 833482 was issued to you on behalf of Leeber Limited of Wilmington, Delaware. The ruling concerned certain silver plated brass (candlesticks) chambersticks.

FACTS:

The articles in question are silver plated brass (candlesticks) chambersticks imported from Taiwan. The chambersticks were classified in NY 833482 under subheading 7418.10.10, Harmonized Tariff Schedule of the United States Annotated ("HTSUSA"), as "Table, kitchen or other household articles and parts thereof, of copper...Coated or plated with precious metals..."

We have been asked to consider whether the chambersticks 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 silver plated brass chambersticks are properly classified within subheading 7418.10.10, HTSUSA, as "Table, kitchen or other household articles and parts thereof, of copper...Coated or plated with precious metals...", 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 chamberstick (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 chambersticks are meant to be excluded from classification in heading 7418. The correct classification of the chambersticks is in subheading 9405.50.30.

HOLDING:

The silver plated brass chambersticks, the subjects of NY 833482, 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 833482 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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