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HQ 958057




August 17, 1995

CLA-2 R:C:M 958097 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.60

Mr. Mark E. Stubbs
Unitrans International Corporation
709 S. Hindry Avenue
Inglewood, CA 90301-3005

RE: HMI Lighting; Photographic flashlight apparatus; Lamp and lighting fittings including searchlights and spotlights; heading 9006; ENs 90.06, 94.05; General EN to chapter 94; Additional U.S. Rule of Interpretation 1(a)

Dear Mr. Stubbs:

This is in reference to your letters dated March 2 and April 18, 1995, to the Area Director of Customs in New York, on behalf of LTM Corporation of America ("LTM"), concerning the tariff classification of HMI lighting fixtures under the Harmonized Tariff Schedule of the United States (HTSUS). Your letters were forwarded to this office for a response. In preparing this ruling, consideration has also been given to technical information provided by LTM by letter dated August 11, 1995.

FACTS:

The merchandise consists of three models of HMI lighting fixtures. "HMI" stands for Hydrargyrum (Latin for mercury), Medium arc length, and Iodines (a rare earth component which corrects color temperature light output to 5600 degrees Calvin [imitates daylight in the shade]). The three models (hereinafter referred to as "HMI lighting fixtures") are the Cinepar 200 S/E, the Super 18000, and the Luxarc 575. All three models have a metal housing.

The Cinepar 200 S/E is a compact fixture which contains a daylight single-ended 200 watt single ended, S/E MSP hot restrike bulb, and a set of 4 lenses (Fresnel) for focusing. It also comes with an electronic ballast (AC Mains Power of 100-240 VAC). The Super 18000 is the brightest Fresnel lamp head used with electronic ballast and provides output in flood position and in spotlight position. The Luxarc 575 is a compact Fresnel lamp head which is well-suited where space is limited, and is used with an electronic ballast.

The subject merchandise produce between 85 and 102 lumens per watt compared to incandescent at a maximum of 30 lumens per watt. HMI lighting fixtures put out a light that appears to the naked eye as a steady light source but is actually 120 pulses of light per second. Literature also states that the fluctuation, while not visible to the naked eye, could be captured on film as a steady pulsation in intensity if the camera is not in precise synchronization with the lights. To avoid capturing light pulsation on the filmed image, you must (1) use a crystal-controlled camera, (2) run the camera at one of a number of specific frame rates, and (3) use a line current that is maintained at exactly 60 Hz.

ISSUE:

Are the HMI lighting fixtures classifiable as photographic flashlight apparatus or light and lighting fixtures under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with 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.

Because the subject merchandise pulses lights 120 times per half cycle or 120 pulses of light per second, you indicate that it "flashes" and is therefore classifiable under heading 9006, HTSUS, which provides for: "[p]hotographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading 8539; parts and accessories thereof". The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the HTSUS. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 FR 35127, 35128 (August 23, 1989). EN 90.06, page 1467, states that:

(II) PHOTOGRAPHIC FLASHLIGHT APPARATUS AND FLASHBULBS

This group covers photographic flashlight apparatus and flashbulbs which are used for professional or amateur photography, in photographic laboratories or in photogravure work.

These devices produce very bright light for a very short duration (flash) and are thus distinguished from photographic lighting equipment of heading 94.05.

According to the information provided, the HMI lighting fixtures continuously pulse light at 120 times per second, which appears to the naked eye to be a steady light. These lights are principally used with motion picture cameras and with video cameras used in broadcasting television news programs. The subject merchandise has no recycle time, allowing for a photographer to keep shooting. Literature also states that the fluctuation, while not visible to the naked eye, could be captured on film as a steady pulsation in intensity if the camera is not in precise synchronization with the lights. Based upon these facts, we find that the HMI lighting fixtures do not satisfy the description in EN 90.06, because they are not used for professional or amateur photography, in photographic laboratories or in photogravure work. We further note that cinematographic cameras and the apparatus related to it are excluded from the terms of heading 9006, HTSUS.

Heading 9405, HTSUS, provides for lamps and lighting fittings including searchlights and spotlights. EN 94.05, page 1581, states that:

Lamps and lighting fittings of this group can be constituted of any material (excluding those materials described in Note 1 to Chapter 71) and use any source of light (candles, oil, petrol, paraffin (or kerosene), gas, acetylene, electricity, etc.). Electrical lamps and lighting fittings of this heading may be equipped with lamp-holders, switches, flex and plugs, transformers, etc., or, as in the case of fluorescent strip fixtures, a starter or a ballast.

This heading covers in particular:

(3) Specialised lamps, e.g.: darkroom lamps; machine lamps (presented separately); photographic studio lamps; inspection lamps (other than those of heading 85.12); non-flashing beacons for aerodromes; shop window lamps; electric garlands (including those fitted with fancy lamps for carnival or entertainment purposes or for decorating Christmas trees).

This group also includes searchlights and spotlights. These throw a concentrated beam of light (which can usually be regulated) over a distance onto a given point or surface, by means of a reflector and lenses, or with a reflector only. The reflectors are usually of silvered glass, or of polished, silvered or chromium-plated metal. The lenses are usually plano-convex or stepped (Fresnel lenses).

Searchlights are used, e.g., for anti-aircraft operations, and spotlights, e.g., for stage sets and in photographic or film studios.

The HMI lighting fixtures throw a concentrated beam of light over a distance by means of reflectors and Fresnel lenses. The information submitted describe the HMI lighting fixtures as being principally used with motion picture and video cameras, or at television studios. Lighting fixtures for these types of cameras are provided for under heading 9405, HTSUS. Additional U.S. Rule of Interpretation 1(a) states that:

[i]n the absence of special language or context which otherwise requires-- a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.

Based upon Additional U.S. Rules of Interpretation 1(a), we find that the principal use of the subject merchandise is like that of lighting fittings including spotlights, under subheading 9405.40.60, HTSUS.

You also requested the classification of unspecified parts of the HMI lighting fixtures. General EN to chapter 94, HTSUS, page 1575, states that:

PARTS

This Chapter only covers parts, whether or not in the rough, of the goods of headings 94.01 to 94.03 and 94.05, when identifiable by their shape or other specific features as parts designed solely or principally for an article of those headings. They are classified in this Chapter when not more specifically covered elsewhere.

If the parts are identifiable by their shape or some other specific feature which indicate that they are designed solely or principally for the HMI lighting fixtures, then they are classifiable under one of the provisions in heading 9405, HTSUS. However, parts which are specifically provided for elsewhere in another provision within the tariff schedule take precedence over the parts provision.

HOLDING:

The HMI lighting fixtures are classifiable under subheading 9405.40.60, HTSUS, which provides for: "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included . . . : [o]ther electric lamps and lighting fittings: [o]f base metal: [o]ther. . . . " The general, column one rate of duty is 7.3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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