HQ 959270

January 24, 1997

CLA-2 RR:TC:MM 959270 JRS

CATEGORY: Classification

TARIFF NO.: 9405.20.80

Port Director of Customs

200 E. Bay Street

Charleston, SC 29401

RE: Protest Review Decision No. 1601-96-100125; electric table

lamp; glass and ceramic components; GRI 3(b), essential

character; EN Rule 3(b); GRI 6; NY

816612

Dear Port Director:

The following is our decision regarding the Application for

Further Review of the above-referenced protest, which concerns

the classification of an electric household table lamp from

Taiwan under the Harmonized Tariff Schedule of the United States

(HTSUS). The merchandise in issue was entered on November 11,

1995, and liquidated on March 8, 1996. The protest was timely

filed on May 7, 1996.

FACTS:

The subject of this protest, an electric table touch control

lamp, model number 202LP, is approximately 15« inches in overall

height. This table lamp possesses the following features:

the lamp \"shade\" portion contains six decorated

curved glass panels with decals (peach blossoms)

matching those situated on the center pole of the lamp;

a composite tapering lamp base, with the upper

portion made of porcelain (2 inches in height) on top

of a brass-plated finished steel base (1« inches in

height);

a ceramic ball (2« inches in height) with the co-ordinating design is
located above the porcelain

section of the base at the pole\'s midpoint;

touch control sensor for a three-way switch 60 watt

bulb; and

a 5-ft. power cord with a polarized plug.

A copy of a catalog containing a photograph of the lamp,

descriptive literature, and a packing list with a complete

component material breakdown by weight and value were submitted

with the protest.

The provisions under consideration are as follows:

9405.20 Electric table, desk, bedside or floor-

standing lamps:

Of base metal:

Of brass

9405.20.60 Other\....7.3 percent ad

valorem

9405.20.80 Other\...\...\...\...\...\...\...\...\...3.9

percent ad valorem

ISSUE:

Whether the electric household table lamp is properly

classified as electric table lamps of base metal other than brass

under subheading 9405.20.60, HTSUS, or as electric table lamps of

material other than base metal under subheading 9405.20.80,

HTSUS.

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\....\" GRI 6 states, in

relevant part that, for legal purposes, the classification of

goods in the subheading of a heading shall be determined

according to the terms of those subheadings and any related

subheading notes and, by appropriate substitution of terms, to

GRIs 1 through 5, on the understanding that only subheadings at

the same level are comparable. The table lamps are provided for

under heading 9405, HTSUS.

GRI 6 is the legal authority for classifying goods in the

subheadings of a heading by applying GRIs 1 through 5, with

appropriate substitution of terms. Applying GRI 1 at the

subheading level through GRI 6, the article is within the

provision for subheading 9405.20, HTSUS, which provides for

electric table lamps.

A determination of the appropriate eight digit subheading

requires an examination of the material which imparts the

essential character to the table lamp. 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\....

The issue in this case is whether the essential character of

the table lamps is imparted by the metal or the glass components.

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. The ENs, although neither

dispositive nor legally binding, provide a commentary on the

scope of the GRIs of the HTSUS and are generally indicative of

the proper interpretation of the GRIs. See T.D. 89-80, 54 FR

35127, 35128 (August 23, 1989). 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. EN Rule 3(b).

The breakdown by each component\'s weight and value for the

instant lamp as set forth on the packing list is as follows: the

ceramic component accounts for 14% wt. (0.48 kgs) and \$0.91; the

metal component, 22% wt. (0.76 kgs) and \$1.92; the glass, 23% wt.

(0.78 kgs) and \$2.38; the hardware, 10% wt. ( 0.34 kgs) and

\$0.73; and the electronic parts, 12% wt. (0.41 kgs) and \$2.18.

The protestant contends that the glass predominates on this

lamp by weight and value and that the glass components are more

visible than the metal parts, and are structurally and

decoratively more important than the metal parts which are

minimal. Protestant argues that the glass itself imparts the

essential character to the electric table touch lamp and thus the

proper classification for this lamp is under subheading

9405.20.80, HTSUS.

Your office liquidated the article under subheading

9405.20.60, HTSUS, on the basis that ruling, NY 816612, dated

January 2, 1996, to the protestant on the instant merchandise was

not retroactive. It is your position that the lamp shade is

detachable so other shades could be used with the lamp and that

the porcelain base is on top of a brass plated base.

We have examined the catalog photograph of the lamp and the

breakdown of each component used in the lamp. We find that the

glass and ceramic components are more visible than the metal

components used for the lamp socket as well as the underlying

structure of the lamp, which are not visible due to the porcelain

fittings on the center pole and base. The peach blossom decal

design on each of the six curved glass panels of the lamp shade

is the same design found on the porcelain ball of the lamp\'s

center pole. The overall appearance of the 15«-inch lamp is

imparted more by the glass and ceramic components than by the

small amount of visible metal trim (1«\") at the lamp\'s base and

the decorative metal hardware at the top of the glass shade which

secures it to the pole. An appropriate description of this lamp

is a glass and ceramic lamp with metal trim. Based on the

submitted breakdown, the metal components do not predominate by

bulk, quantity, weight or value, as do the glass and ceramic

components, which account for 37% by weight and \$3.29 by value.

It is our opinion that the metal does not give this lamp its

essential character as do the other components, namely, the glass

and ceramic.

It would be speculative at best to assume that the

detachable lamp shade would be removed since the decorative shade

itself is indispensable to the overall appearance of this

decorative motif glass and ceramic lamp. Such a use of the lamp

shade by the importer would be fugitive at best. The glass shade

goes well beyond performing a shade\'s normal function of reducing

glare and deflecting light. It is our view that the curved glass

paneled shade sets the style of the lamp and distinguishes it

from other lamps.

We find that NY 816612, dated January 2, 1996, although

issued after the date of entry of this article, is in accord with

our finding that the essential character of this lamp, model

202LP, is imparted by the glass and ceramic components.

HOLDING:

Under the authority of GRI 3(b), applied at the subheading

level by GRI 6, the household table touch lamp, model 202LP, is

provided for in heading 9405. It is classifiable in subheading

9405.20.80, HTSUS, as electric table lamps of other than base

metal. The general column one rate of duty is 3.9 percent ad

valorem.

The protest should be ALLOWED in full. In accordance with

Section 3A(11)(b) of Customs Directive 099 3550-065, dated August

4, 1993, Subject: Revised Protest Directive, this decision,

together with the Customs Form 19, should be mailed 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 this decision

available to Customs personnel via the Customs Rulings Module in

ACS and to the public via the Diskette Subscription Service,

Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

Trade Classification Appeals

Division