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L89460 L8 Ruling Active

The tariff classification of a chandeliers from various countries.

Issued December 21, 2005 by U.S. Customs and Border Protection.

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L8 L89460 (December 21, 2005)

Tariff classification

HTS codes: 9405.10.6010, 9405.10.4010

Headings: 9405

Product description

The issue concerns the classification of gilt-bronze and brass antique chandeliers that were originally non-electrified but prior to importation have been electrified. These chandeliers are hung, as a lighting source, from a ceiling. Since the original non-electrified chandeliers are over one hundred years of age, you have suggested classification under 9706.00.0060, HTS, which includes antiques of an age exceeding one hundred years. To be classified under this provision, an item must have existed in that condition over one hundred years ago. Since these chandeliers have been electrified, they did not exist in that condition one hundred years ago. Thus classification as an antique is not applicable in this case. Classification will be accordingly.

CBP rationale

The applicable subheading for the electrified brass chandeliers will be 9405.10.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Of base metal: Of brass … Household. The applicable subheading for the electrified gilt-bronze chandeliers will be 9405.10.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Other … Household.

Full text

NY L89460 December 21, 2005 CLA-2-94: RR: NC: 1:108 L89460 CATEGORY: Classification TARIFF NO.: 9405.10.4010, 9405.10.6010 Ms. Margaret Sinozich Masterpiece International, Ltd. 39 Broadway, Suite 1410 New York, NY 10006-3003 RE: The tariff classification of a chandeliers from various countries. Dear Ms. Sinozich: In your letter dated December 14, 2005 you requested a tariff classification ruling. The issue concerns the classification of gilt-bronze and brass antique chandeliers that were originally non-electrified but prior to importation have been electrified. These chandeliers are hung, as a lighting source, from a ceiling. Since the original non-electrified chandeliers are over one hundred years of age, you have suggested classification under 9706.00.0060, HTS, which includes antiques of an age exceeding one hundred years. To be classified under this provision, an item must have existed in that condition over one hundred years ago. Since these chandeliers have been electrified, they did not exist in that condition one hundred years ago. Thus classification as an antique is not applicable in this case. Classification will be accordingly. The applicable subheading for the electrified brass chandeliers will be 9405.10.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Of base metal: Of brass … Household. The rate of duty will be 3.9 percent ad valorem. The applicable subheading for the electrified gilt-bronze chandeliers will be 9405.10.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: Other … 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. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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