HQ 957363

March 15, 1995

CLA-2 CO:R:C:M 957363 KCC

CATEGORY: Classification

TARIFF NO.: 9405.10.4010; 9405.10.6010

District Director

U.S. Customs Service

1000 2nd. Avenue

Room: 2200

Seattle, Washington 98104

RE: Protest 3001-94-100169; electric lighting fittings; glass; base
metal; brass; GRI 3(b);

essential character; EN Rule 3(b); HRL 089000; HRL 086628; HRL 951126;
HRL

951789; HRL 953431; HRL 954915; household base metal lighting fittings,
of brass; other

household base metal lighting fittings; other household lighting
fittings; 9405.10.8010

Dear District Director:

This is in reference to Protest 3001-94-100169, which pertains to the
tariff classification

of electric lighting fittings under the Harmonized Tariff Schedule of
the United States (HTSUS).

Catalog photographs, value and weight breakdowns of the electric
lighting fittings were submitted

for our examination.

FACTS:

The electric lighting fittings at issue are model #\'s R914M to R916M,
glass flush mount

lighting fixtures; R1001 to R1004, beveled glass chandeliers; R2437,
crystal ceiling fixtures;

R5000 to R5003, swizzle stick glass chandeliers; RC101, rose style
chandeliers; RC102 to

RC108, beveled glass chandeliers; RC118, straw flower chandeliers;
RC143, water glass

chandeliers, and; RV120PB, swizzle stick vanity fixtures.

The entries of the electric lighting fittings were liquidated on
December 3, 1993, under

subheadings 9405.10.4010 or 9405.10.6010, HTSUS, depending upon whether
the fittings are

composed of brass or other base metal. This classification is based on
the opinion that the

essential character of the lighting fittings is imparted by the metal
components.

In a protest timely filed on March 8, 1994, the protestant contends that
the electric

lighting fittings are properly classified under subheading 9405.10.8010,
HTSUS, as other lighting

fittings. The protestant contends that the essential character of the
electric lighting fittings is

imparted by the glass components.

The competing subheadings are as follows:

9405.10 Lamps and lighting fittings including searchlights and
spotlights and parts

thereof, not elsewhere specified or included; illuminated signs,
illuminated

nameplates and the like, having a permanently fixed light source, 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\...

9405.10.4010 Of base metal\...Of brass\...Household.

9405.10.6010 Of base metal\...Other\...Household.

9405.10.8010 Other\...Household.

ISSUE:

Are the electric lighting fittings essentially of metal and thus
classified as household base

metal lighting fittings, of brass, under subheading 9405.10.4010, HTSUS,
or as other household

base metal lighting fittings under subheading 9405.10.6010, HTSUS, or
are they essentially of

glass and thus classfied as other household lighting fittings under
subheading 9405.10.8010,

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\....\" The electric lighting fittings are provided for under
subheading 9405.10, HTSUS, which

provides for \"Chandeliers and other electric ceiling or wall lighting
fittings\....\" A determination of

the appropriate eight digit subheading requires an examination of the
material which imparts the

essential character to the electric lighting fittings. In this case,
classification is determine by

application of GRI 3(b), HTSUS, 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

give them their essential character\....

The issue in the case is whether the essential character is imparted by
the metal or the

glass components of the electric lighting fittings. 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) (pg. 4), of the Harmonized Commodity
Description and Coding

System (HCDCS) provides further factors which help determine the
essential character of goods.

The ENs, although not 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 Fed. Reg. 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.

In Headquarters Ruling Letter (HRL) 951126 dated May 12, 1992, we held
that metal

imparted the essential character of metal and glass electrical ceiling
lighting fixtures. The metal

components composed the backing plate/base and the brass tape which held
the glass pieces of the

fittings together. We found that the metal components were indispensable
because they formed

the structure of the fittings which allowed it to perform its basic
function of providing light.

Without the metal backing plate/base to hold the lamp sockets and
electric circuity in place, the

electrical lighting fixtures were not able to function as a light.
Additionally, the fixtures could

functioned without the glass in place. When we examined the metal and
glass components in

relation to the electrical lighting fixture as a whole, we found that
the role of the glass did not

predominate over the role of the metal. See also, HRL 954915 dated
December 22, 1993; HRL

089000 dated July 29, 1991; HRL 086628 dated July 3, 1990, and; HRL
953431 dated July 16,

1993, for other rulings which determined that the metal components
imparted the essential

character to electric lighting fixtures/fittings.

We are of the opinion that the electric lighting fittings at issue are
similar to the electrical

lighting fixtures in HRL 951126. The essential character of the electric
lighting fittings is

imparted by the metal. The metal components are indispensable to the
structure of the electric

lighting fittings as the metal forms the structure of the fitting which
allows the electrical lighting

fittings to perform their basic function of providing light. The metal
components hold the lamp

sockets and electric circuitry in place. The electric lighting fittings
can function without the glass

in place but without the metal component to hold the lamp sockets and
electric circuitry in place,

it cannot function as a light. Additionally, we do not believe that the
role of the glass

predominates over the role of the metal components. After examining the
catalog photographs,

we find that the metal components are just as visible as the glass. The
metal components are

structurally and decoratively important, and, therefore, impart the
essential character to the

electric lighting fittings.

Based on the information before this office, the electric lighting
fittings are classified under

subheading 9405.10, HTSUS, as household base metal lighting fittings. We
are of the opinion

that Model #\'s RC102 toRC108 and RC143 are specifically classified
under subheading

9405.10.4010, HTSUS, as household base metal lighting fittings, of
brass. Model #\'s R914M to

R916M, R1001 to R1004, R2437, R5000 to R5003, RC101, RC118 and RV120PB,
are classified

as other household base metal lighting fittings under subheading
9405.10.6010, HTSUS.

HOLDING:

The electric lighting fittings, Model #\'s RC102 toRC108 and RC143, are
classified as

household base metal lighting fittings, of brass, under subheading
9405.10.4010, HTSUS.

The electric lighting fittings, Model #\'s R914M to R916M, R1001 to
R1004, R2437,

R5000 to R5003, RC101, RC118 and RV120PB, are classified as other
household base metal

lighting fittings under subheading 9405.10.6010, HTSUS.

The protest should be DENIED. 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
the decision available to

customs personnel via the Customs Rulings Module in ACS and the public
via the Diskette

Subscription Service, Freedom of Information Act and other public access
channels.

Sincerely,

John Durant, Director

Commercial Rulings Division