CLA-2 CO:R:C:M 951126 KCC

William J. Maloney, Esq.
Rode & Qualey
295 Madison Avenue
New York, New York 10017

RE: Electrical Lighting Fixtures; NY 869453 reconsidered; GRI 1; GRI 3(b); essential character; EN Rule 3(b); 089000; 086628; 086166; 086154

Dear Mr. Maloney:

This is in reference to your letter dated February 3, 1992, on behalf of International Lighting Manufacturing Company, requesting reconsideration of New York (NY) 869453 dated December 31, 1991, concerning the tariff classification of electrical lighting fixtures under the Harmonized Tariff Schedule of the United States (HTSUS). Three samples of the electrical lighting fixtures were submitted for examination.

FACTS:

In NY 869453 dated December 31, 1991, Customs held that the electrical lighting fixtures at issue were classified under subheading 9405.10.60, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares...Of base metal...Other." This classification was based on the finding that the essential character of the electrical lighting fixtures was imparted by the metal bases and metal frames.

The electrical ceiling lighting fixtures at issue are style numbers 5224-10, 5224-11, 5324-10 and 5324-11, which are constructed of metal and glass. The two digit suffix of the style number refers to the finish, i.e., bright brass (-10) or antique brass (-11). Style 5224 has three candelabra base lamp sockets and style 5324 has four candelabra base lamp sockets. Styles 5224-10 and 5324-10 are marketed and labeled on their immediate containers as polished brass ceiling light fixtures and styles 5224-11 and 5324-11 are marketed and labeled on their immediate containers as antique brass ceiling light fixtures. You state that the marketing and labeling of the electrical lighting fixtures in this manner is solely to identify the color of the fixture for the consumer.

The octagon shaped ceiling light fixtures are constructed of bound glass cages which enclose the lighting source. The cage is comprised of 16 pieces of 5 mm thick glass which are beveled to refract light. The glass pieces are framed by brass tape which permits them to be joined by soldering. The electrical lighting fixtures have a steel backing plate or base with a brass finish. The metal base houses the lamp sockets and, also, serves to conceal the outlet box and various components of the fixture such as the wiring and insulation. The bound glass cage is attached to the base by means of a threaded metal rod.

You provided a cost breakdown and analysis of the electrical lighting fixtures which follows:

Styles 5224 5324

Bound Cage: $3.80 $4.50

[glass 2.00 2.50] [brass tape 1.40 1.50] [other .40 .50]

Backing Plate 1.20 1.70 Socket & Parts 1.60 1.80 Overhead & Profit 0.15 0.75

Total $6.75 $8.75

You contend that the essential character of the electrical lighting fixtures is imparted by the beveled glass. Therefore, the electrical lighting fixtures are properly classified under subheading 9405.10.80, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares...Other."

ISSUE:

Are the electrical lighting fixtures essentially of metal and thus classified under subheading 9504.10.60, HTSUS, as a lighting fitting of base metal other than brass, or are they essentially of glass and thus classified under subheading 9405.10.80, HTSUS, as a lighting fitting of material other than base metal?

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 the terms of the headings and any relative section or chapter notes...." The electrical lighting fixtures are provided for under subheading 9405.10, HTSUS, which provides for ceiling lighting fittings. A determination of the appropriate eight digit subheading requires an examination of the material which imparts the essential character to the electrical lighting fixtures. In this case, classification is determined by application of GRI 3(b) 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 or value, or the role of a constituent material in relation to the use of the goods are to be utilized, though the importance of certain factors will vary between different kinds of goods. HCDCS, Vol. 1. p. 4.

The issue in this case is whether the essential character of the electrical lighting fixtures is imparted by the metal or the beveled glass. In Headquarters Ruling Letter (HRL) 089000 dated July 29, 1991, and HRL 086628 dated July 3, 1990, we held that lighting fixtures constructed of steel and glass which were designed to resist moisture were classified as a fitting of base metal in subheading 9405.10.60, HTSUS. 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 electrical lighting fixtures at issue differ slightly from those in HRLs 089000 and 086628, as the fixtures in those HRLs were designed for marine use whereby the bases were constructed to resist moisture. Nevertheless, we are of the opinion that the essential character of the electrical lighting fixtures in this case is also imparted by the metal. The metal components are indispensable to the structure of the electrical lighting fixtures. Similar to the lighting fixtures in HRLs 089000 and 086628, the metal in the electrical lighting fixtures at issue forms the structure of the fixture which allows the electrical lighting fixtures to perform their basic function of providing light. The metal components comprise the backing plate/base and the brass tape which holds the glass pieces together. Without the metal backing plate/base to hold the lamp sockets and electric circuitry in place, the electrical lighting fixtures would not be able to function as a lamp. The electrical lighting fixtures can function without the glass in place but without the backing plate/base to hold the lamp sockets and electric circuitry in place, it cannot properly function as a lamp.

We agree with your contention that HRL 086166 dated April 9, 1990, and HRL 086154 dated March 28, 1990, which classified glass and brass products are instructive for the present analysis. HRLs 086166 and 086154 held that glass was the essential character of a curio box and cabinet constructed of glass with brass feet and brass channeling which held the glass together. You state that the focus of these rulings was the role of glass in relation to the articles and the greater area and weight of glass relative to metal which resulted in a determination that glass imparted the essential character. However, you failed to mention that these rulings also determined that glass performed the products' function of supporting articles which were displayed therein and that glass was the products' most distinctive feature. All of the above factors were examined in determining that glass imparted the essential character of the curio box and cabinet.

As previously stated, in this case we have determined that the metal performs the electrical lighting fixtures basic function of providing a structure to hold the lamp sockets and electric circuitry together. This determination is similar to HRLs 086166 and 086154 finding that glass was the structure of the box and cabinet which supported the articles displayed therein and, therefore, performed the products' basic function. In the present case metal provides the structure of the electrical lighting fixtures, whereas in HRLs 086166 and 086154 glass provided the structure.

Additionally, when examining the metal and glass components in relation to the electrical lighting fixtures as a whole, we do not believe that the role of the glass predominates over the role of the metal. We concur with the statement in NY 869453 that the metal "is certainly no less visible" than the glass in the electrical lighting fixtures at issue. Upon a visual examination from various angles after turning on one of the electrical lighting fixtures, we find that the metal from the backing plate/base and the brass trim is just as visible as the glass. As evidence of the visibility of the backing plate/base, we point out that the backing plate/base has a brass finish to match the brass trim. The color of the backing plate/base needs to coordinate with the brass trim because it is visible to the consumer. The backing plate/base is important structurally and decoratively to the electrical lighting fixtures and, therefore, must be taken into consideration when determining the essential character.

Additionally, the metal components constitute the greatest value of the electrical lighting fixtures. For style 5224 the glass accounts for approximately 30 percent, the backing plate/base (18 percent) and the brass tape (21 percent) account for approximately 39 percent of the total cost. For style 5324 the glass accounts for approximately 29.5 percent, the backing plate/base (19.5 percent) and the brass tape (17.5 percent) account for approximately 37 percent of the total cost. The cost of the metal components, the backing plate/base and brass tape, outweigh the cost of the glass. Based on the foregoing analysis, the metal components impart the essential character to the electrical lighting fixtures as they are indispensable to the structure and functioning of the electrical lighting fixtures. Therefore, they are classified under subheading 9405.10.60, HTSUS.

HOLDING:

The essential character of the electrical lighting fixtures is the metal and, therefore, they are classified under subheading 9405.10.60, HTSUS, which provides for "Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included...Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares...Of base metal...Other."

NY 869453 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division