HQ 0950066 - Lamp, oven - United States International Trade Commision Rulings

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HQ 950066

November 20, 1991

CLA-2 CO:R:C:M DFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.90.20

Mr. Lasse Koerm
North Continental Enterprises, Inc.
820 Church Street,
Evanston, IL 60201

RE: Lamp, oven

Dear Mr. Koerm:

In a letter dated August 1, 1991, you inquired as to the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of an oven lamp manufactured in Germany. A sample was submitted for examination.

FACTS:

The sample is a lamp fixture used in oven ranges. It has a ceramic base or bulb-holder and a lens of hardened glass in a retainer of stainless steel. The article is imported without light bulb.

ISSUE:

What is the proper tariff classification of the oven lamp?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, and, provided such headings or notes do not otherwise require, according to [the remaining GRI's taken in order]." In other words classification is governed first by the terms of the headings of the tariff and any relative section or chapter notes.

Heading 9405, HTSUSA, provides for lamps and lighting fittings. However, the oven lamp in issue is precluded from classification thereunder by Note 1(f) to Chapter 94, HTSUSA, which reads as follows:

1. This chapter does not cover:

(f) Lamps or lighting fittings of chapter 85.

Subheading 8516.90.20, HTSUSA, provides for other electrothermic appliances, parts, of cooking stoves, ranges and ovens. You have informed us that 60 percent of the ovens made in the United States are electric. Inasmuch as oven lamps represented by the sample are principally used in the United States with electric ovens, classification of the sample under subheading 8516.90.20, HTSUSA, is appropriate.

Holding:

The oven lamp is entitled to free entry under subheading 8516.90.20, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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