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HQ 953431




July 16, 1993

CLA-2 CO:R:C:M MMC

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.60

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter, and Blauvelt, P.C. 67 Broad Street
New York, New York 10004

RE: Clamp lamp; electrical lighting fixture; GRI 3(b); EN Rule 3(b); HRL's 951126, 089000, and 086628.

Dear Mr. Kamnitz:

This is in reference to your letter of February 12, 1993, on behalf of Woods Wire Products, Inc. requesting a classification ruling for a clamp lamp under the Harmonized Tariff Schedule of the United States (HTSUS). A sample of the clamp lamp was submitted.

FACTS:

The merchandise consists of an electrical lighting fixture comprised of metal and plastic components. The model 151 clamp includes a plastic covered light bulb socket with a 6 foot plastic covered electrical cord and plug. It has an 8 1/2 inch metal reflector and a metal clamping device. A small amount of ridged plastic tubing covers the free end of the clamping device apparently to aid in gripping and for scuff protection.

The cost and weight breakdowns provided are as follows:

Component Cost Weight
plastic socket .29 13.54% steel wire .01 00.45% metal collar tap .09 04.28% metal ball .07 03.54% plastic tubing .04 02.04% plastic plug .11 05.09% metal lamp holder .15 06.78% aluminum reflector .66 30.40% plastic covered electrical cord .73 33.86% paper card .01 00.02%

The subheadings under consideration are as follows:

9405.40.60 [l]amps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: [o]ther electric lamps and lighting fittings: [o]f base metal: [o]ther

9405.40.80 [l]amps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: [o]ther electric lamps and lighting fittings: [o]ther

ISSUE:

Is the essential character of the clamp lamp imparted by its metal or plastic components?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1, HTSUS, 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.

Electrical lighting fixtures are generally provided for under heading 9405, HTSUS, which provides for [l]amps and lighting fittings and parts thereof, not elsewhere specified or included.

The clamp lamp is specifically described by subheading 9405.40, HTSUS, which provides for [o]ther electric lamps and lighting fittings. Classification to the eight digit subheading level requires an examination of the material which imparts the clamp lamp's essential character.

In this case, classification is determined by application of GRI 3(b), HTSUS, which provides in pertinent part:

Mixtures, composite goods consisting of different materials or made up of different components...shall be classified as if they consisted of the material or component which gives them their essential character...

In general, essential character has been construed to mean the attribute which strongly marks or serves to distinguish what an article is; that which is indispensable to the structure, core or condition of the article. In addition, Explanatory Note (EN) Rule 3(b) of the Harmonized Commodity Description and Coding System (HCDCS) provides further factors which help determine the essential character of goods. Factors such as bulk, quantity, weight, value, or the role of a constituent material in relation to the use of the goods, though the importance of certain factors will vary between different kinds of goods.

The issue in this case is whether the essential character of the clamp lamp is imparted by the metal or the plastic components.

In Headquarter's Ruling Letter (HRL) 951126, dated May 12, 1992, we held that metal was the essential character of metal and glass electrical ceiling lighting fixtures. The metal components comprised the backing plate/base and the brass tape which held the glass pieces of the fixtures together.

We found that the metal components were indispensable because they formed the structure of the fixture which allowed it to perform its basic function of providing light. Without the metal backing plate/base to hold the lamp sockets and electric circuity in place, the electrical lighting fixtures were not able to function as a lamp. The fixtures could have functioned without the glass in place. In addition, when we examined the metal and glass components in relation to the electrical lighting fixtures as a whole, we found that the role of the glass did not predominate over the role of the metal. See also HRL 089000 dated July 29,1991, and HRL 086628 dated July 3, 1990.

The clamp lamp differs slightly from the electric lighting fixtures in HRL's 951126, 089000, and 086628, as the fixtures in those cases had components of glass and metal, and the clamp lamp has components of metal and plastic. Nevertheless, we are of the opinion that the essential character of the clamp lamp is also imparted by the metal components.

The metal components are indispensable to the structure of the clamp lamp. Similar to the lighting fixtures in HRL 951126, the metal forms the structure of the fixture which allows the clamp lamp to perform its basic function of providing light. The metal components comprise the steel wire, metal collar tap, metal ball, metal lamp holder, and aluminum reflector.

Without the metal collar tap to hold the electric circuity, including the bulb, in place, the clamp lamp would not be able to function as a lamp. Additionally, without the metal lamp holder and aluminum reflector, the lighting fixture in question could not function as a "clamp lamp". The metal lamp holder allows the lighting fixture to be secured to another article so that light can easily be directed to a specific area. The metal reflector performs a similar function in that it directs the light to a specific area.

Additionally, when examining the metal and plastic components in relation to the fixture as a whole, we do not believe the role of the plastic components predominates over the role of the metal components. The plastic covering for the electrical cord, plastic socket, and plastic portion of the plug, act as insulators and the plastic tubing acts as an aid to gripping and as a scuff protector. These features cannot be said to impart the essential character to the lamp. Based on the foregoing analysis, the metal components impart the essential character to the clamp lamp as they are indispensable to the structure and functioning of the clamp lamp. For these reasons we find that, the clamp lamp is classifiable under subheading 9405.40.60, HTSUS.

HOLDING:

The essential character of the clamp lamp is the metal and, therefore it is classifiable in subheading 9405.40.60, HTSUS, which provides for other electric lamps of base metal.

Sincerely,

John Durant, Director

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