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NY N016347




September 5, 2007

CLA-2-94:RR:E:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Virginia A. Patterson
ETB Corporation
1838 El Camino Real, Suite 215
Burlingame, CA 94010

RE: The tariff classification of a photography lighting kit from China.

Dear Ms. Patterson:

In your letter dated August 8, 2007 you requested a tariff classification ruling.

The merchandise under consideration is identified as the Photography Lighting Location Kit, Item Number FV-SL24321BG. The location kit will be imported packaged, ready for retail sale within a PVC carrying bag containing a Starlite QL Lighting Fixture, two 1000W Lamps, one medium Silver Lighting Dome, one Octo Connector and one Lite Stand. This kit provides the photographer with the convenience of a portable lighting studio in a single bag with a shoulder strap.

The Starlite QL (Quick Lock) fixture is a lighting fitting designed to attach to a stand. This fitting features a lamp socket, detachable power cord, adjustable handle and swivel attachment for positioning the light at any angle. It provides a continuous light source for photographing without the distraction of a flash. The Silver Lighting Dome is a softbox light diffuser measuring approximately 24 inches wide by 32 inches high by 17 inches in depth. It consists of a black nylon fabric shell with a silver colored reflective interior stretched over a foldable steel frame. The Octo Connector is designed to fit the lighting dome onto the Starlite QL fixture. The light stand is manufactured from 1 inch square aluminum tubing with a tripod base and four telescoping sections with grip handles. The stand extends upwards to over 10 feet for positioning the lighting as desired.

In your letter you suggest classification under 9006.99.0000, Harmonized Tariff Schedule of the United States (HTSUS) however; 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 9405, HTSUS.

As imported, the Photography Lighting Location Kit meets the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The Starlite QL Lighting Fixture clearly provides the essential character of this kit.

The applicable subheading for the Photography Lighting Location Kit, Item Number FV-SL24321BG will be 9405.40.8000, HTSUS, which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Other electric lamps and lighting fittings: Other.” The general rate of duty will be 3.9 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. If you have any questions regarding the ruling, contact National Import Specialist Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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