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NY G80943




August 31, 2000

CLA-2-94:RR:NC:2:227 G80943

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.6000; 9405.99.4000; 9405.91.6080

Ms. Linnea Bucher
Carmichael International Service
533 Glendale Blvd.
Los Angeles, CA 90026-5097

RE: The tariff classification of lights and parts of same from Taiwan.

Dear Ms. Bucher:

In your letter dated August 2, 2000, on behalf of Spencer Gifts, Inc., you requested a tariff classification ruling.

The samples submitted consist of the following household lights and their parts:
an incomplete round-shaped metal (non-brass) lamp with black exterior, style number 00544676, that measures approximately 6 ¾ inches high with an open top diameter of 3 3/8 inches and a base diameter of 6 ½ inches. It possesses an interior socket, situated about 3 ½ inches from its open top, that contains a 40-watt bulb. Moreover, it features an electrical light cord, located near the bottom portion of its exterior, with a rotary switch for activating the light. It is noted that this lamp is designed to serve as the base, which is imported separately, for the “Aurora” and “Stardust” liquid-filled glass light tubes.
a cylindrical-shaped black metal cap (style number 00544676), measuring approximately 2 ½ inches in height, that is designed to finish the top portion of the aforementioned liquid-filled glass light tubes. It will be imported separately from these glass light tubes.
a cylindrical-shaped glass light tube, style number 00544569 (for the “Stardust” light), that contains glitter and colored liquid and measures approximately 13 inches in height with top and bottom diameters of 3 inches. This item, which is designed to be inserted into the above-described unfinished black lamp, will also be imported separately.
the “Oozy Glo” light, style number 00546887, which measures approximately 14 ¾ inches in overall height. It features a black metal base, containing a 15-watt light bulb, onto which is fitted a glitter and colored liquid-filled cylindrical-shaped glass tube measuring nearly 8 ¼ inches high. The top portion of the glass tube is finished via the attachment of a black metal cap. Further, it possesses an electrical light cord, affixed to the base’s lower portion, with a rotary switch that when activated emanates the light throughout the glass tube.

You state that the unfinished black lamp, style number 00544676, should be classified under subheading 9405.20.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for other household electric table, desk, bedside or floor-standing lamps: of base metal: other. However, since this lamp is not designed to be of the same class or kind of merchandise as the above-enumerated exemplars, consideration of classification under subheading 9405.20.6010, HTS, is precluded.

The applicable subheading for the incomplete black lamp, style number 00544676, will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings: of base metal: other. The duty rate will be 6 percent ad valorem.

The applicable subheading for the black metal cap, style number 00544676, will be 9405.99.4000, HTS, which provides for lamps and lighting fittingsand parts thereof, not elsewhere specified or includedparts: other, other. The rate of duty will be 6 percent ad valorem.

The appropriate subheading for the liquid-filled glass light tube, style number 00544569, will be 9405.91.6080, HTS, which provides for lamps and lighting fittingsand parts thereof, not elsewhere specified or includedparts: of glass: other, other. The rate of duty will be 4.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the “Oozy Glo” light. Your request for a classification ruling should include a complete breakdown of all its components by weight and value. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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