The tariff classification of an electric light from China.

NY G86660 February 20, 2001 CLA-2-94:RR:NC:2:227 G86660 CATEGORY: Classification TARIFF NO.: 9405.40.6000 Ms. Mary Lou Francis Worldlink International, Inc. P.O. Box 895 Voorhees, NJ 08043 RE: The tariff classification of an electric light from China. Dear Ms. Francis: In your letter dated January 24, 2001, on behalf of Opportunities, you requested a tariff classification ruling. The sample submitted is an electric light, referred to as the “Peace Motion Lamp,” that measures approximately 16 inches in overall height. It features a black metal (non-brass) housing with flat bottom, measuring about 6 ½ inches in height, that contains an electric socket with a 25-watt bulb. This housing has an open top that is fitted with a liquid-filled vase-like glass container, measuring nearly 9 7/8 inches in height and containing a wax-like substance, that is finished via the attachment of a black dome-shaped metal (non-brass) cap. It also possesses an electrical light cord, affixed to the base of the housing, with a rotary switch mechanism that when activated lights the glass container. After a period of time when the interior of the container is sufficiently heated, the wax substance begins to melt, break up and merge into each other while in motion. You state that this item should be properly classified under subheading 9405.20.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for other household electric table, desk, beside or floor-standing lamps. However, since this light with its essential character being imparted by its metal portion is not principally used in the areas of the enumerated exemplars within the above-stated subheading, consideration of classification under subheading 9405.20.8010, HTS, is precluded. The applicable subheading for the Peace Motion Lamp 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 rate of duty will be 6 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 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, National Commodity Specialist Division