CLA-2-94:RR:NC:GI: 227 A80614
Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd. Suite 1003
Long Beach, CA 90802
RE: The tariff classification of halogen work lamps from China.
Dear Ms. Denny:
In your letter dated February 1, 1996, on behalf of Alltrade, you requested a tariff classification ruling. Samples are being returned as requested.
The samples submitted consist of the following work lamps:
a) a rectangular-shape portable halogen lamp of metal, model number 779-L-15, which measures about 3 3/4 inches by 5 inches by 3 3/4 inches. It possesses a 150 W halogen bulb covered by a tempered safety glass lens that is protected by a die cast lamp grid. It also features a U-shape bar-like attachment, affixed to the bottom portion of its adjustable lamp head, that extends around the side to its top portion in order to function as a carrying handle. Moreover, the bottom section of the bar is designed to be inserted into a S-shape bar for standing purposes, noting there is a 6 foot insulated/grounded power cord attached to its posterior;
b) a rectangular-shape "clip-or-hook" halogen metal lamp, model number 786-L-15, which measures approximately 3 3/4 inches by 5 inches by 3 3/4 inches. It possesses a 150 W halogen bulb covered by a tempered safety glass lens that is protected by a die cast lamp grid. It features an adjustable lamp head with a bottom metal clamp appendage onto which is attached a clip-on mechanism for fastening as well as a heavy duty hook for hanging purposes. Affixed to its posterior, there is an insulated/grounded power cord.
It is stated that these lamps will be used for auto maintenance, various outdoor projects and anywhere portable lighting is needed.
You claim that the subject articles may be properly classified under subheading 8539.21.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other tungsten halogen lamps of a power less than 500 W. You support this assertion in noting that a dental light, from a previous ruling, was classified under the above subheading.
However, the articles classified under heading 8539, HTS, are bulb-type lamps (as were the dental lamps) which possess no fittings or fixtures as the instant merchandise in question. Therefore, consideration of classification under subheading 8539.21.4040, HTS, is precluded.
The applicable subheading for these halogen metal work lamps, model numbers 779-L-15 and 786-L-15, will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings of base metal. The rate of duty will be 7 percent ad valorem.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist
George Kalkines at 212-466-5794.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division