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August 13, 1999

CLA-2-94:RR:NC:2:227 E85006

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.6010

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 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 ceiling household lamps:
a) a foyer fixture, item number P3578-57, which measures approximately 23 ½ inches in height by 13 ½ inches in diameter. It features both a metal top structure and finial with copper verde finish and a bell-shaped clear, seeded glass shade. It also possesses scrolled leaf details around the top portion.
b) a three-light chandelier, item number P4577-57, which measures approximately 20 inches in height by 25 inches in width. It features a metal candelabra-like body with copper verde finish and clear, seeded glass center column and shades.
c) a flush mount lamp, item number P3533-10, which measures about 6 inches in height by 11 ¾ inches in diameter. It features both a finial and circular-shaped metal top portion with polished brass finish and a clear swirled glass shade.
d) a flush mount lamp, item number P3662-68, which measures about 10 ¾ inches in height by 11 ¾ inches in width. It features a metal body with candelabra sockets, possessing a polished brass finish, that is surrounded by several clear beveled glass panels with gray-cut center stripes.

It has been determined that the essential character of these lamps is imparted by their metal portion.

The applicable subheading for these metal ceiling lamps, item numbers P3578-57, P4577-57, P3533-10 and P3662-68, will be 9405.10.6010, Harmonized Tariff Schedule of the United States (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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