CLA-2 CO:R:C:M 956915 KCC

District Director
U.S. Customs Service
P.O. Box 789
300 2d Ave South
Great Falls, MT 59403

RE: Protest 3307-94-100054; alabaster articles; semi-precious; 9405.99.40; other parts of lamps and lighting fittings, not elsewhere specified or included; General EN 3 to Section XIV; EN Annex to Section XIV; EN 71.16; grade of stone; HRL 956092; HRL 955999; HRL 955355; HRL 954417; HRL 953213; HRL 952096; HRL 950057; EN 94.05; Note 1(c), Chapter 94; Additional U.S. Rule of Interpretation 1(c)

Dear District Director:

This is in response to Protest 3307-94-100054, which pertains to the tariff classification of alabaster articles under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles under consideration are described by Customs personnel in Great Falls as "hollowed-out alabaster balls used in lighting fixtures." The invoice description is "ALABASTER USED FOR LIGHTING FIXTURES."

The entry of the alabaster articles was liquidated on April 22, 1994, under subheading 7116.20.20, HTSUS, as other articles of semi-precious stone. In a protest timely filed on July 5, 1994, the protestant contends that the alabaster articles are properly classified under subheading 9405.99.40, HTSUS, as other parts of lamps and lighting fittings, not elsewhere specified or included.

The competing subheadings are as follows:

7116.20.20 Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed)...Of precious or semiprecious stones...Other...Of semiprecious stone (except rock crystal).

9405.99.40 Lamps 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...Parts... Other...Other. ISSUE:

Are the alabaster articles classified as other articles of semi-precious stone under subheading 7116.20.20, HTSUS, or under subheading 9405.99.40, HTSUS, as other parts of lamps and lighting fittings, not elsewhere specified or included?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, states, in part, that "for legal purposes, classification shall be determined according to terms of the headings and any relative section or chapter notes...."

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System ENs may be utilized. The ENs, although not dispositive, provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of the HTSUS. See, T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

General EN 3 to Section XIV (pg. 949), states, in pertinent part, that Chapter 71, HTSUS, includes "[i]n general, articles made wholly or partly of natural or cultured pearls, diamond or other precious or semi-precious stones (natural, synthetic or reconstructed), precious metals or metal clad with precious metal (headings 71.13 to 71.16)." EN Annex to Section XIV (pg. 968), lists "alabaster" as a precious or semi-precious stone. EN 71.16 (pg. 963), states, in pertinent part, that:

This heading covers all articles (other than those excluded by Notes 2(b) and 3 to this Chapter), wholly of natural or cultured pearls, precious or semi-precious stones, or consisting partly of natural or cultured pearls or precious or semi-precious stones....

It thus includes:...

(B) Other articles consisting wholly or partly of precious or semi-precious stones...the heading covers crosses and rings (frequently in agate), bracelets (other than wrist-watch bracelets), goblets and cups (often in garnet); statuettes and ornamental articles (e.g., of jade); mortars and pestles (e.g., in agate); knife edges or bearings of agate or other precious or semi-precious stones for weighing apparatus; agate thread spinning guides; decorative corks with heads of agate, etc.; agate burnishing tools used for gilding, for polishing leather, paper, etc.; agate rings for fishing rods, paper-knives, ink-stands, paperweights, ashtrays (e.g., of agate or onyx).

Heading 7116, HTSUS, covers all articles of precious or semi-precious stones (emphasis added). This heading does not distinguish between the grade or value of stone but includes all types of precious or semi-precious stone not more specifically described by other parts of the tariff. The alabaster articles are the kind of articles contemplated in subheading 7116.20.20, HTSUS, for they are ornamental articles made from semi-precious stone. See, Headquarters Ruling Letter (HRL) 956092 dated June 29, 1994, HRL 955999 dated June 2, 1994, HRL 955355 dated April 28, 1994, HRL 954417 dated June 25, 1993, HRL 953213 dated April 28, 1993, HRL 952096 dated July 20, 1992, and HRL 950057 dated October 31, 1991, which classified various stone articles, i.e., serpentine, soapstone, calcite, azurite, onyx and agate, under subheading 7116.20.20, HTSUS. Therefore, we conclude that the alabaster articles are properly classified under subheading 7116.20.20, HTSUS, as other articles of semi-precious stone.

EN 94.05 (pgs. 1580-1582), states that:

The heading also covers identifiable parts of lamps and lighting fittings, illuminated signs, illuminate name-plates and the like, not more specifically covered elsewhere....

As stated previously, the alabaster articles are more specifically classified under subheading 7116.20.20, HTSUS, as other articles of semi-precious stone.

We note that Note 1(c), Chapter 94, HTSUS, states that "[t]his chapter does not cover: [a]rticles of chapter 71." If an article is classifiable as semi-precious stone, it is to be classified in Chapter 71, HTSUS. The HTSUS is quite clear that classification of an article under Chapter 71, HTSUS, takes precedence over classification of an article under Chapter 94, HTSUS. Additionally, Additional U.S. Rule of Interpretation 1(c), HTSUS, states, in pertinent part, that "a provision for 'parts' or 'parts and accessories' shall not prevail over a specific provision for such part or accessory." The alabaster articles are specifically provided for under subheading 7116.20.20, HTSUS. Based on the Rules of Interpretation, Chapter Notes, and ENs, the alabaster articles are not classifiable under subheading 9405.99.40, HTSUS, as other parts of lamps and lighting fittings, not elsewhere specified or included.

The protestant contends that Customs is not consistently enforcing classification of alabaster articles under subheading 7116.20.20, HTSUS. As evidenced by the above-cited HRL's, the classification of stone articles such as, serpentine, soapstone, calcite, azurite, onyx, agate and alabaster, has been an issue. With the publication of the above-cited HRLs and this ruling, we are confident that Customs is uniformly applying these tariff classification standards to all alabaster articles which enter the U.S., regardless of which company imports the alabaster articles.

HOLDING:

The alabaster articles are classified under subheading 7116.20.20, HTSUS, as other articles of semi-precious stone.

The protest is DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed, with the Customs Form 19, by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division