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NY C86837

May 21, 1998

CLA-2-85:RR:NC:2:227 C86837


TARIFF NO.: 8539.32.00; 9405.91.6080

Ms. Tracey Kennedy
Import/Export Coordinator
Toshiba Lighting America, Inc.
1003 Commerce Court
Buffalo Grove, IL 60089

RE: The tariff classification of metal halide lamps and reflectors from Japan.

Dear Ms. Kennedy:

In your letter dated April 27, 1998, you requested a tariff classification ruling.

The subject merchandise consists of the following lamps and reflectors:
a) a composite good made up of a short arc metal halide lamp and a cone-shape reflector (sample submitted) with the lamp imparting the essential character.
b) a short arc metal halide lamp without the reflector.
c) cone-shape glass reflectors with a multicoated layer of titanium and silica used with the metal halide lamps.

The lamps are stated to be used in various lighting applications such as light fiber and projection units.

You indicate that the reflectors may be classified under subheading 8539.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of electrical filament and discharge lamps. Since these reflectors are not of the same class or kind of parts utilized in these type of lamps, consideration of classification under the above subheading is precluded.

The applicable subheading for the short arc metal halide lamps with and without the reflector will be 8539.32.00, Harmonized Tariff Schedule of the United States (HTS), which provides for discharge lamps...metal halide lamps. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the above-coated glass reflectors will be 9405.91.6080, HTS, which provides for other glass parts of lamps and lighting fittings. The rate of duty will be 4.9 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 212-466-5794.


Robert B. Swierupski

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