CLA-2 CO:R:C:M 089000 CMS
District Director of Customs
300 South Ferry St., Terminal Is.
Room 2017
San Pedro, CA 90731
RE: Protest No. 2704-90-003252; Electric Lighting Fixtures;
Fittings; Base Metal; Steel; Glass
Dear District Director:
This protest was filed against your liquidation dated May
11, 1990, in which certain electric lighting fixtures were
classified in subheading 9405.10.60, Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).
FACTS:
The merchandise consists of an electrical lighting fixture
comprised of steel and glass. From the information and catalogue
photograph provided, the article appears to be a circular ceiling
lighting fixture with a metal housing and metal decorative frame
encircling a glass shade. It appears from the catalogue
photograph that the steel and glass visible to the viewer have
approximately the same surface area. The glass comprises 52.26%
of the total weight of the packaged product and the steel
comprises 29.41%.
ISSUE:
Is the merchandise classified as a lighting fitting of base
metal other than brass, in subheading 9405.10.60, or as a
lighting fitting of material other than base metal, in subheading
9405.10.80?
LAW AND ANALYSIS:
The HTSUSA provides that the classification of articles is
governed by the General Rules of Interpretation (GRI's). GRI 1
states in pertinent part that "...classification shall be
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determined according to the terms of the headings and any
relative section or chapter notes...".
Heading 9405 in pertinent part describes lamps and lighting
fittings. The merchandise is described by Heading 9405.
Subheading 9405.10.60 describes fittings of base metal other
than brass. Subheading 9405.10.80 describes fittings of
materials other than base metal.
GRI 6 governs the classification of articles in the
subheadings of a heading, and provides in pertinent part that
classification shall be according to the principles of GRI's 1
through 5.
The merchandise is a GRI 3(b) composite good, classified
according to the material or component that gives it its
essential character.
The protestant argues that the glass gives the product its
essential character because it comprises the chief weight of the
article.
Weight, however, is but one of many factors which may be
considered in determining essential character. The General
Explanatory Notes to GRI 3 provide that other factors include
bulk, quantity, value and the role of the constituent material in
relation to the use of the goods.
In HQ Ruling 086628 (July 3, 1990), the merchandise at issue
was a metal and glass lighting fitting in which glass comprised
more than 65% of the weight. The fitting was a marine fixture
designed to resist moisture. We found that the metal formed the
very structure of the article, that the basic function of the
lamp in providing light was made possible by the metal, and that
the appearance of the lamp was imparted no less by the metal than
the glass. The article was classified as a fitting of base metal
in subheading 9405.10.60, HTSUSA.
The glass in the lighting fitting under consideration
comprises a lesser percentage of weight than the glass in the
fitting at issue in HQ Ruling 086628. Like the fitting in HQ
Ruling 086628, the metal in the fitting under consideration forms
the basic structure of the article and is certainly no less
visible than the glass. Also, like the fitting in HQ 086628, the
fitting under consideration is described in the catalogue
literature as "SUITABLE FOR WET LOCATIONS", with the metal likely
being intended to resist moisture.
Considering the role of the metal in relation to the use of
the lighting fitting, and the other essential character criteria,
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we find that the metal in the fitting under consideration gives
the article its essential character. The article is classified
as lamps and lighting fittings, of base metal, other than brass,
in subheading 9405.10.60, HTSUSA.
HOLDING:
The lighting fitting under consideration is classified as
lamps and lighting fittings, of base metal, other than brass, in
subheading 9405.10.60, HTSUSA. The protest should be denied. A
copy of this decision should be attached to the Form 19 Notice of
Action.
Sincerely,
John Durant, Director
Commercial Rulings Division