CLA-2-94:OT:RR:NC:N4:110
Ms. Mellissa A. Gunawan
Spin Shades® (Parts of Christian Brands Inc.)
5226 S. 31st Place
Phoenix, AZ 85040
RE: The tariff classification of a nightlight and components from China
Dear Ms. Gunawan:
In your letter dated July 30, 2014, you requested a tariff classification ruling. Samples were submitted with your request and will be returned to you.
The items under consideration are identified as the Spin Shades® Night Lamp and a Replacement Mounting Spindle. The Spin Shades® Night Lamp is a nightlight constructed of an L-shaped plastic molding and measures approximately 2.5 inches tall by 2.75 inches wide. The front of the nightlight feature an on/off rocker switch. The back has a two-prong polarized plug for plugging into a standard wall outlet. The nightlight will be imported with a Spin Shade, and Spindle Replacement, and 7 watt light bulb. The Spin Shade is made of printed paper and measures approximately 2.5 cm tall by 3 cm in diameter. The Spindle Replacement consists of a copper spring and a brass needle which is specially designed to rest above the light bulb, and under the Spin Shade allowing the Spin Shade to revolve.
The applicable subheading for the Spin Shades® Night Lamp imported along with the Spin Shade, and Spindle Replacement, and 7 watt light bulb will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Lamps and lighting fittings…: Other electric lamps and lighting fittings: Other." The general rate of duty will be 3.9 percent ad valorem.
The applicable subheading for the Replacement Mounting Spindle, if imported separately, will be 9405.99.2000, HTSUS, which provides for lamps and lighting fittings…and parts thereof…parts: other: of brass. The rate of duty will be 3.9 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
You request that we confirm that the Spin Shades® Night Lamp and the Replacement Mounting Spindle imported from China are not subject to antidumping or countervailing duties. Written decisions regarding the scope of Antidumping Dumping (AD) orders and Countervailing Duties (CVD) are issued by the Import Administration in the Department of Commerce, and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”) on the procedures of how to file a scope ruling request for the Night Lamp and the Spindle. Additionally, you can view a list of current AD and CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.
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 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 Hope Abada at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division