United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M84011 - NY M84055 > NY M84050

Previous Ruling Next Ruling
NY M84050




June 28, 2006

CLA-2-94:RR:NC:1:108 M84050

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.6010

Ms. Barbara Dawley
Meeks & Sheppard
Attorneys at Law
1735 Post Road, Ste. 4
Fairfield, CT 06824

RE: The tariff classification of an electric light fitter and light kit, for ceiling fans, from China and Taiwan.

Dear Ms. Dawley:

In your letter dated June 1, 2006, on behalf of Litex Industries, you requested a tariff classification ruling.

The submitted samples consist of the following household ceiling light fixtures:
a ring-shaped light fitter of metal, model X14, which measures approximately 4 ½ inches in diameter and incorporates a lamp-holder, two wire connectors, and a pull chain switch.
a schoolhouse light kit, LK-AB/BB, which has a ring-shaped light fitter of metal, measuring about 4 ½ inches in diameter, and a mushroom-like translucent-white glass shade, measuring approximately 5 ¾ inches high by 8 inches in diameter, with a 3 ½ - inch top opening for accommodating the insertion of the light fitter.

Each light fixture is imported with a hardware packet for mounting purposes and the metal portion of each light fitter is not of brass.

It is claimed that the light fitter, model X14, and the schoolhouse light kit, being designed for installation onto a ceiling fan, should be properly classified under subheading 8414.90.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods.Of fans of subheading 8414.51.00. Alternatively, it is requested that this merchandise, if found not to be parts of fans, should be classified under subheading 9405.40.6000, HTSUS, which provides for other electric lamps and lighting fittings: Of base metal: Other than of brass.

In regard to classifying this merchandise as parts of ceiling fans, the following should be noted:

Heading 8414, HTSUS, provides for fans and parts of fans. The subject light fitter and light kit are not provided for in heading 8414 because they are not parts of a fan. The light fitter and light kit are not components necessary to the primary function of a fan, which is to circulate air. A fan does not need to be joined to a light fitter and light kit in order to function as an article of HTSUS heading 8414. Because the light fitter and light kit are not parts of fans, the notes to section XVI are not applicable.

Moreover, although this merchandise will not be directly mounted on a ceiling, it is designed to be installed onto a fan, which will be mounted on the ceiling, and therefore functions as a ceiling light fixture in noting that prior classification decisions have supported this position. Further, the language in the subheading for 9405.10, HTS, specifically addresses the following types of light fixtures: chandeliers and other electric ceiling or wall lighting fittings. The only exclusionary language is in regard to the kind of light fixtures used for lighting public open spaces or thoroughfares and not the manner in which the light fixtures are hung from the ceiling.

The applicable subheading for the light fitter, model X14, will be 9405.10.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Lamps and lighting fittingsand parts thereof, not elsewhere specified or includedChandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Of base metal: Other than brass, Household. The rate of duty will be 7.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

In regard to the schoolhouse light kit, it should be noted that the issue of the scope of composite electric lights under 9405 is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of The Home Depot U.S.A. v. United States Court of Appeals for the Federal Circuit (civil action 06-1459). Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

As the instant ruling request for the schoolhouse light kit is closely related to the issue presently pending in the United States Court of Appeals for the Federal Circuit and noting the prohibition set out in 19 CFR 177.7(b), we are unable to issue a ruling letter to you with respect to this light kit. Accordingly, we are administratively closing our file in reference to the classification of this item.

If you have any questions regarding the above ruling and/or rejection, please contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: