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NY A84653


July 3, 1996

CLA-2-94:RR:NC:GI: 227 A84653

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.6010; 9405.20.6010

Ms. Brenda E. Smith

Fritz Companies, Inc.

Liberty Building

7001 Chatham Center Dr., Ste. 100

Savannah, GA 31405

RE: The tariff classification of a table lamp and ceiling lamps from Taiwan.

Dear Ms. Smith:

In your letter dated June 6, 1996, on behalf of Lowes Companies, Inc., you requested a tariff classification ruling.

The merchandise at issue consists of the following household lamps:
a) a 6-light chandelier, item number 79201 (model number LP2372), which possesses a polished brass- finish body and clear glass panels. In addition, it uses a maximum of six 60 watt candelabra base bulbs;
b) a 3-tier chandelier, item number 79189 (model number LP2245P), which possesses a polished brass- finish body, amber-colored glass panels, and a chain hung design. It is noted to use a maximum of eight 40 watt candelabra base bulbs;
c) the 2-tier chandelier, item number 79176 (model number LP2302P), which possesses a polished brass- finish body and amber-colored beveled glass panels. It uses a maximum of eight 25 watt candelabra base bulbs;
d) a Florentine table lamp, item number 79213 (model number LS0496), which is stated to measure 30 inches in height and possess a metal (tin) body with a pleated fabric shade.

You state that the 6-light chandelier, item number 79201, the 3-tier chandelier, item number 79189, and the 2-tier chandelier, item number 79176, are properly classifiable under subheading 9405.10.8010, HTS, which provides for other electric ceiling or wall lighting fittings, other than of base metal. You substantiate this claim in noting that these lamps are in chief weight of the glass portion, indicating that the glass imparts the essential character of the article.

However, weight is just one of the factors (such as bulk, quantity, weight or value, or the role of a constituent material in relation to the use of the goods) in determining the essential character of the article. On examining the above chandeliers, it has been noted that the metal components of these lamps are deemed to be indispensable because they form the structure of the fittings that allow it to perform the basic function of providing light. Further, these metal parts, which are just as visible as the glass portion, create the fixtures that can function without the glass shades in place. In regard to these points, it has been determined that the metal components of the lamps in question impart the essential character of the subject merchandise.

The applicable subheading for the 6-light chandelier, the 3-tier chandelier, and the 2-tier chandelier (item numbers 79201, 79189, and 79176, respectively) will be 9405.10.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for other household electric ceiling lighting fittings of base metal, other than of brass. The rate of duty will be 7.6 percent ad valorem.

The applicable subheading for the metal Florentine table lamp, item number 79213, will be 9405.20.6010, HTS, which provides for other household electric table lamps of base metal, other than of brass, and dutiable at the rate of 7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist

George Kalkines at 212-466-5794.

Sincerely,


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