CLA-2 CO:R:C:M MMC
Mr. Allan H. Kamnitz
Sharretts, Paley, Carter, and Blauvelt, P.C.
67 Broad Street
New York, New York 10004
RE: Clamp lamp; electrical lighting fixture; GRI 3(b); EN Rule
3(b); HRL's 951126, 089000, and 086628.
Dear Mr. Kamnitz:
This is in reference to your letter of February 12, 1993, on
behalf of Woods Wire Products, Inc. requesting a classification
ruling for a clamp lamp under the Harmonized Tariff Schedule of
the United States (HTSUS). A sample of the clamp lamp was
submitted.
FACTS:
The merchandise consists of an electrical lighting fixture
comprised of metal and plastic components. The model 151 clamp
includes a plastic covered light bulb socket with a 6 foot
plastic covered electrical cord and plug. It has an
8 1/2 inch metal reflector and a metal clamping device. A small
amount of ridged plastic tubing covers the free end of the
clamping device apparently to aid in gripping and for scuff
protection.
The cost and weight breakdowns provided are as follows:
Component Cost Weight
plastic socket .29 13.54%
steel wire .01 00.45%
metal collar tap .09 04.28%
metal ball .07 03.54%
plastic tubing .04 02.04%
plastic plug .11 05.09%
metal lamp holder .15 06.78%
aluminum reflector .66 30.40%
plastic covered electrical cord .73 33.86%
paper card .01 00.02%
The subheadings under consideration are as follows:
9405.40.60 [l]amps and lighting fittings including
searchlights and spotlights and parts thereof, not
elsewhere specified or included; illuminated
signs, illuminated nameplates and the like, having
a permanently fixed light source, and parts
thereof not elsewhere specified or included:
[o]ther electric lamps and lighting fittings: [o]f
base metal: [o]ther
9405.40.80 [l]amps and lighting fittings including
searchlights and spotlights and parts thereof, not
elsewhere specified or included; illuminated
signs, illuminated nameplates and the like, having
a permanently fixed light source, and parts
thereof not elsewhere specified or included:
[o]ther electric lamps and lighting fittings:
[o]ther
ISSUE:
Is the essential character of the clamp lamp imparted by its
metal or plastic components?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1, HTSUS, 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.
Electrical lighting fixtures are generally provided for
under heading 9405, HTSUS, which provides for [l]amps and
lighting fittings and parts thereof, not elsewhere specified or
included.
The clamp lamp is specifically described by subheading
9405.40, HTSUS, which provides for [o]ther electric lamps and
lighting fittings. Classification to the eight digit subheading
level requires an examination of the material which imparts the
clamp lamp's essential character.
In this case, classification is determined by application of
GRI 3(b), HTSUS, which provides in pertinent part:
Mixtures, composite goods consisting of different materials
or made up of different components...shall be classified as
if they consisted of the material or component which gives
them their essential character...
In general, essential character has been construed to mean
the attribute which strongly marks or serves to distinguish what
an article is; that which is indispensable to the structure, core
or condition of the article. In addition, Explanatory Note (EN)
Rule 3(b) of the Harmonized Commodity Description and Coding
System (HCDCS) provides further factors which help determine the
essential character of goods. Factors such as bulk, quantity,
weight, value, or the role of a constituent material in relation
to the use of the goods, though the importance of certain factors
will vary between different kinds of goods.
The issue in this case is whether the essential character of
the clamp lamp is imparted by the metal or the plastic
components.
In Headquarter's Ruling Letter (HRL) 951126, dated May 12,
1992, we held that metal was the essential character of metal and
glass electrical ceiling lighting fixtures. The metal components
comprised the backing plate/base and the brass tape which held
the glass pieces of the fixtures together.
We found that the metal components were indispensable
because they formed the structure of the fixture which allowed it
to perform its basic function of providing light. Without the
metal backing plate/base to hold the lamp sockets and electric
circuity in place, the electrical lighting fixtures were not able
to function as a lamp. The fixtures could have functioned
without the glass in place. In addition, when we examined the
metal and glass components in relation to the electrical lighting
fixtures as a whole, we found that the role of the glass did not
predominate over the role of the metal. See also HRL 089000
dated July 29,1991, and HRL 086628 dated July 3, 1990.
The clamp lamp differs slightly from the electric lighting
fixtures in HRL's 951126, 089000, and 086628, as the fixtures in
those cases had components of glass and metal, and the clamp lamp
has components of metal and plastic. Nevertheless, we are of the
opinion that the essential character of the clamp lamp is also
imparted by the metal components.
The metal components are indispensable to the structure of
the clamp lamp. Similar to the lighting fixtures in HRL 951126,
the metal forms the structure of the fixture which allows the
clamp lamp to perform its basic function of providing light. The
metal components comprise the steel wire, metal collar tap, metal
ball, metal lamp holder, and aluminum reflector.
Without the metal collar tap to hold the electric circuity,
including the bulb, in place, the clamp lamp would not be able to
function as a lamp. Additionally, without the metal lamp holder
and aluminum reflector, the lighting fixture in question could
not function as a "clamp lamp". The metal lamp holder allows the
lighting fixture to be secured to another article so that light
can easily be directed to a specific area. The metal reflector
performs a similar function in that it directs the light to a
specific area.
Additionally, when examining the metal and plastic
components in relation to the fixture as a whole, we do not
believe the role of the plastic components predominates over the
role of the metal components. The plastic covering for the
electrical cord, plastic socket, and plastic portion of the
plug, act as insulators and the plastic tubing acts as an aid to
gripping and as a scuff protector. These features cannot be said
to impart the essential character to the lamp. Based on the
foregoing analysis, the metal components impart the essential
character to the clamp lamp as they are indispensable to the
structure and functioning of the clamp lamp. For these reasons
we find that, the clamp lamp is classifiable under subheading
9405.40.60, HTSUS.
HOLDING:
The essential character of the clamp lamp is the metal and,
therefore it is classifiable in subheading 9405.40.60, HTSUS,
which provides for other electric lamps of base metal.
Sincerely,
John Durant, Director