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NY E85005





August 13, 1999

CLA-2-94:RR:NC:2:227 E85005

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.6010; 9405.10.8010

Ms. Patricia A. Johnson
C. H. Powell Company
6 Northway Ct. – Eastway Business Park
P.O. Box 270
Greer, SC 29652

RE: The tariff classification of electric ceiling and wall lamps from China, Hong Kong and Taiwan.

Dear Ms. Johnson:

In your letter received in this office on July 26, 1999, on behalf of Progress Lighting, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the descriptive literature submitted, consists of the following electric household ceiling and wall lamps:
a) a flush mount lamp, item number P3527-60 which consists of a metal mounting plate with socket that is encased by a square-shaped satin opal glass diffuser that measures approximately 5 ¼ by10 1/8 by10 1/8 inches.
b) a three-light wall bracket, item number P3050-15, which measures about 8 ¼ inches in height by 16 inches in width. It features a chrome finish metal body and three light sockets with clear, etched glass shades.
c) a mini-pendant, item number P5014-30, which measures about 7 1/4 inches in height by 10 inches in diameter. It features a metal body with a Travera faux Tiffany art glass shade.
d) a wall sconce, item number P7119-30, which measures about 7 ¾ inches in height by 19 inches in width. It features a metal framework with semicircular-shaped faux Tiffany art glass shade.

It has been determined that the essential character for the flush mount lamp, item number P3527-60, is imparted by the glass portion, while the essential character of the remaining lamps, item numbers P3050-15, P5014-30 and P7119-30, is imparted by the metal portion.

The applicable subheading for the flush mount glass lamp, item number P3527-60, will be 9405.10.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for lamps and lighting fittingschandeliers and other electric ceiling or wall lighting fittingsother than of base metal, household. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the wall and ceiling metal lamps, item numbers P3050-15, P5014-30 and P7119-30, will be 9405.10.6010, HTS, which provides for lamps and lighting fittingschandeliers and other electric ceiling or wall lighting fittingsof other base metal, household. The rate of duty will be 7.6 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,

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