CLA-2 CO:R:C:M 088993 NLP
District Director of Customs
U.S. Customs Service
One World Trade Center
Long Beach, CA 90831
RE: Protest No. 2704-90-001657; portable electric lamps;
subheading 8513.10.40; subheading 9405.20.80
Dear District Director:
The following is our decision regarding the Protest and
Request for Further Review No. 2704-90-001657 dated April 18,
1990. At issue is the classification of portable electric lamps.
FACTS:
The merchandise which is the subject of this protest,
article 41-0017, is a battery operated filament lamp in a plastic
housing which is translucent at the top and solid on the lower
end. The lamp is round and measures approximately 3-1/2 inches
in diameter and 6-1/2 inches in length. There is a metal hook on
the end opposite the filament bulb so that the article may be
hung in a tent, on a ceiling, in a closet, or against the wall.
It has a flat base to enable the article to be placed on a flat
surface such as table.
Your office liquidated the lamp under subheading 8513.10.40,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for portable electric lamps designed to
function by their own source of energy (for example, dry
batteries, storage batteries, magnetos), other than lighting
equipment of heading 8512, lamps, other.
The importer contends that the instant article is classified
under subheading 9405.20.80, HTSUSA, which provides for lamps and
lighting fittings including searchlights and spotlights and parts
thereof, not elsewhere specified or included, electric table,
desk bedside or floor standing lamps, other. The importer argues
that the diameter of the article makes hand carrying during use
impractical. In addition, the translucent covering over the
filament bulb disperses the light, making it unfit to throw a
focused beam of light and unfit for use as a flashlight or
lantern. Rather, the item is designed for use when stationary.
Therefore, the importer argues that based on the Explanatory
Notes to Heading 8513, HTSUSA, the instant article is not
portable since it is not designed for use when carried in the
hand or on the person and, as a result, it is precluded from
classification in Heading 8513, HTSUSA.
ISSUE:
Is the instant lamp classifiable in subheading 8513.10.40,
HTSUSA, or in subheading 9405.20.80, HTSUSA.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) set forth the
manner in which merchandise is to be classified under the HTSUSA.
GRI 1 requires that classification be determined first according
to the terms of the headings of the tariff and any relative
section or chapter notes and, unless otherwise required,
according to the remaining GRI's, taken in order.
Heading 8513 provides for portable electric lamps designed
to function by their own source of energy (for example, dry
batteries, accumulators, magnetos). The Explanatory Notes for
the HTS, although not dispositive, are to be looked to for
guidance in interpreting the HTS. The Explanatory Notes for
Heading 8513, HTSUSA, provide that this heading covers portable
electric lamps designed to function by means of a self-contained
source of electricity, for example dry cell, accumulator. The
ENs state further:
They comprise two elements (i.e., the lamp proper and
the source of electricity) which are usually mounted and
directly connected together, often in a single case. In
some types, however, these elements are separate and are
connected by wires.
The term "portable lamps" refers only to those lamps
(i.e. both the lamp and its electricity supply) which are
designed for use when carried in the hand or on the person.
They usually have a handle or a fastening device and may be
recognized by their particular shapes and their light
weight.
* * * * *
The lamps of this heading include:
* * * * *
(2) other hand lamps (including those with an adjustable
beam). Hand lamps are often fitted with a simple
device for hanging them temporarily on a wall, etc.,
while others are designed so that they can be placed on
the ground.
The instant article is a compact portable lamp that is light
weight and contains a self-generating power source. It has a
utility hook, which permits the lamp to function in various
places. It is our position that this type of lamp, a light
weight battery operated lamp that can be carried in the hand and
is designed to be temporarily placed in stationary positions is
properly classified in Heading 8513, HTSUSA.
HOLDING:
The instant lamp is classifiable in subheading 8513.10.40,
HTSUSA, which provides for portable electric lamps designed to
function by their own source of energy (for example, dry
batteries, storage batteries, magnetos), other than lighting
equipment of heading 8512, lamps, other.
The protest should be denied in full. A copy of this
decision should be attached to the Customs Form 19 Notice of
Action to be sent to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division