The tariff classification of clamp lights from China.

N087112 December 18, 2009 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000 Mr. Jon Eric Gibson Elumx LLC 119 Flat Creek Trail Fayetteville, GA 30214 RE: The tariff classification of clamp lights from China. Dear Mr. Gibson: In your letter dated December 7, 2009 you requested a tariff classification ruling. Under consideration are two models of clamp lights, the TDR-30 and the TDR-60. Both are made of plastic and cylindrical in shape, and you state they measure approximately 10 inches high by 1 ½ inches in diameter. Along one side of the lights is an array of LED (light emitting diode) bulbs arranged in a grid formation under a clear lens; the TDR-30 model provides 30 LED bulbs, while the TDR-60 has 60 LED bulbs. Both TDR models feature a cross-shaped, flat-bottomed base designed for stable placement on a table, floor, or other flat surface. Attached to the base of the lamp is a 7-inch-long metal clamp used to securely affix the light to various structures. A bent metallic wire hook connected to the clamp allows the TDR lamps to be hung on a hook, ring, or similar device during use. Both lights are powered by internal Ni-CAD batteries that are recharged by means of either an AC or DC adapter. The TDR-30 and TDR-60 lamps are constructed to be primarily used for hands-free work (e.g., placed on a flat surface, hung on a hook, or clamped to a structure) rather than used in the hand or on the person, due to their size, particular shapes and lack of design features conducive to hand-held portable lamps. The applicable subheading for the TDR-30 and TDR-60 clamp lights will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: 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 National Commodity Specialist Division