CLA-2 CO:R:C:G 084142 JMH
Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883
RE: Reconsideration of New York Ruling Letter 833482, silver
plated brass chamberstick, candlestick
Dear Mr. Liberati:
This office has been asked to reconsider New York Ruling
Letter 833482 ("NY 833482"), dated April 5, 1989. NY 833482 was
issued to you on behalf of Leeber Limited of Wilmington,
Delaware. The ruling concerned certain silver plated brass
(candlesticks) chambersticks.
FACTS:
The articles in question are silver plated brass
(candlesticks) chambersticks imported from Taiwan. The
chambersticks were classified in NY 833482 under subheading
7418.10.10, Harmonized Tariff Schedule of the United States
Annotated ("HTSUSA"), as "Table, kitchen or other household
articles and parts thereof, of copper...Coated or plated with
precious metals..."
We have been asked to consider whether the chambersticks
were improperly classified and whether the appropriate
classification is within subheading 9405.50.30, HTSUSA, as "
Lamps and lighting fittings including searchlights and spotlights
and parts thereof, not elsewhere specified or included...Non-
electrical lamps and lighting fittings...Other...Of brass..."
ISSUE:
Whether the silver plated brass chambersticks are properly
classified within subheading 7418.10.10, HTSUSA, as "Table,
kitchen or other household articles and parts thereof, of
copper...Coated or plated with precious metals...", or within
subheading 9405.50.30, HTSUSA, as "Lamps and lighting fittings
-2-
including searchlights and spotlights and parts thereof, not
elsewhere specified or included...Non-electrical lamps and
lighting fittings...Other...Of brass..."
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..."
A chamberstick (candlestick) is an article capable of
providing illumination when used with a candle. Candlesticks are
therefore a type of lamp within the meaning of the HTSUSA. See
Explanatory Note 94.05, Harmonized Commodity Description and
Coding System ("HCDCS"), Vol. 4, p. 1581. The Explanatory Notes
to the HTSUSA specifically state that candlesticks are to be
included within heading 9405, HTSUSA. Explanatory Note
94.05(I)(6), HCDCS, Vol. 4, p. 1581. The Explanatory Notes,
although not dispositive, are to be looked to for the proper
interpretation of the HTSUSA. See 54 Fed. Reg. 35127, 35128
(August 23, 1989)
Furthermore, Explanatory Note 74.18(g) states that articles
of Chapter 94 should be excluded from classification under
heading 7418, HTSUSA. HCDCS, Vol 3, p. 1052. The articles of
heading 9405 are within Chapter 94. Therefore, the chambersticks
are meant to be excluded from classification in heading 7418.
The correct classification of the chambersticks is in subheading
9405.50.30.
HOLDING:
The silver plated brass chambersticks, the subjects of
NY 833482, are properly classified within 9405.50.30, HTSUSA, as
"Lamps and lighting fittings including searchlights and
spotlights and parts thereof, not elsewhere specified or
included...Non-electrical lamps and lighting fittings...Other...
Of brass..."
NY 833482 is revoked in accordance with Customs Regulation
177.9(d), 19 C.F.R. 177.9(d) (1989).
Sincerely,
John Durant, Director
Commercial Rulings Division