HQ 960861

July 19, 1999

CLA‑2 RR:CR:GC 960861 PH

CATEGORY: Classification

TARIFF NO.: 9405.10.40; 9405.10.60; 9405.40.60

Port Director

U.S. Customs Service

1 East Bay Street

Savannah, Georgia 31401

RE: Protest 1703-97-100079; Lighting fixtures

Dear Port Director:

This is in response to protest 1703-97-100079, which pertains to the
tariff classification, under the Harmonized Tariff Schedule of the
United States (HTSUS), of electric lighting fittings of metal and glass.
In the preparation of this ruling, consideration was given to the
supplemental submissions of July 31, 1997, and February 25 and June 21,
1999, as well as arguments made by counsel for the protestant in a
meeting with representatives of this office on June 21, 1999. We regret
the delay.

FACTS:

Five entries, each in 1996, are included in the protest. The merchandise
in the protested entries consists of lighting fixtures, specifically
described as follows:

> [Item \# (colors]{.underline} [Description]{.underline}

[omitted)]{.underline}

> 2030_02 Outdoor ceiling fixture (similar in shape to item #2030_08,
> below).
>
> 2030_08 Outdoor ceiling fixture (square metal base to attach to the
> ceiling, from which metal framing extends to hold four trapezoidally
> shaped side panes of glass and a square bottom pane of glass).
>
> 311_OCO Florentine wall fixture (circular wall-mount, from which a
> \"U\"-shaped connection extends to a small circular metal fitting to
> which a tulip-shaped glass shade (with fluted petals) is attached).
>
> 327/1 Wall fixture with clear prismatic ribbed glass shade fixture
> (circular wall-mount, from which a connection (\"fancy\" in shape and
> design) extends to a small circular metal fitting to which a
> half-globe ribbed shade is attached and which has a substantial piece
> of metal trim attached to its outer edge).
>
> 401_OJO Jelly jar wall light with coated aluminum screw shell
> (circular wall mount, metal cylindrical top, with jelly jar-like
> one-piece glass bottom (not threaded)).
>
> 406S3NBK Outdoor coach lantern with coated aluminum screw shell
> (similar in appearance to item #59411, below, except that there is a
> metal protuberance from the bottom of the article almost as long as
> the body of the article is high and a \"knobbed\" top).
>
> 406SB5VBB Solid brass beveled glass outdoor coach lantern (same as
> item 406S3NBK, above, except the metal is brass instead of aluminum).
>
> 54602 Outdoor aluminum wall mount, scroll & etched glass (top portion
> similar in appearance to item #59411, below, although not as large in
> proportion to the rest of the article; no bottom portion, metal
> framing with rectangular panes of glass in the framing).
>
> 59408 Cast aluminum wall lantern with Photo Cell, beveled glass
> (similar in appearance to item #59411, below, except that there are
> six panes of glass and they are not trapezoidal in shape, but curved,
> so that the diameter of the top of the glassed-in portion is greater
> than that of the bottom of that portion).
>
> 59411 Cast aluminum outdoor carriage lantern, down light, beveled
> glass (has the appearance of an old-fashioned wall lamp, with metal
> shaped top (taking up almost half of the height of the article), metal
> framing, and four trapezoidally shaped panes of glass (decreasing in
> width toward the bottom of the fixture), with a bottom also of metal).
>
> 59412 Cast aluminum outdoor carriage lantern, post top, beveled glass
> (similar in appearance to item \# 59411, above, except some of these
> items appear to be constructed for placing on top of a post; others of
> this item are constructed for placement on a wall).
>
> 59455 Cast aluminum outdoor six sided lantern (similar in appearance
> to item #59411, above, except that there are six trapezoidally shaped
> panes of glass).
>
> 59460 Cast aluminum outdoor \"mini\" lantern (metal top portion, with
> one piece glass bottom portion, appearing to be 8-sided, diminishing
> in diameter towards the bottom).
>
> 811B0C0 Five light chandelier with frosted tulip glass shades
> (\"Fancy\" metal cylinder piece to which are attached five
> \"U\"-shaped metal connections ending in small circular fixtures to
> which are attached tulip shaped shades).
>
> 814B000 Five light candlestick chandelier (similar to item \# 811B0C0,
> except that the metal connections end in candle-like light holders;
> protestant agrees with Customs classification of these articles in
> subheading 9405.10.60, HTSUS).
>
> 832008 Hanging pendant, clear ribbed glass (chain from which hangs a
> small metal or ceramic fixture, to which is attached a ribbed glass
> crown from which a gradually downward curving shade (apparently not of
> glass) hangs; protestant may agree with Customs classification of
> these articles in subheading 9405.10.60, HTSUS).
>
> RV5004PB Four light alabaster glass vanity strip (circular wall
> attachment to which is attached a\"fancy\" metal strip onto which at
> regular intervals are attached four \"U\" shaped metal connections to
> circular fixtures to which are attached shades similar in shape to a
> bell).

The percentages of component materials by weight and cost or value,
respectively (weight/cost or value), for the items are as follows (the
percentages may vary slightly with the different permutations of the
items (*e.g.*, polished brass, painted black, white), but they are
considered to be representative for each item):

[Item \#]{.underline} [Brass]{.underline} [Ceramic]{.underline}
[Glass]{.underline} [Steel or]{.underline} [Other]{.underline}

[(solid)]{.underline}[^1] [other metal]{.underline}

2030L02 .5/10.26 7/10.26 43.3/20.5 47.1/48.72 2.2/10.26

2030S02 .7/10.17 5.3/6.78 46.5/15.25 45.1/61.02 2.4/6.78

2030L08 .47/.49 6.95/6.49 43.29/43.56 47.08/47.17 2.21/2.29

2030S08 .72/.7 5.27/4.66 45.52/45.22 46.09/47.09 2/4/2.33

2030L28 .47/.49 6.95/6.49 43.29/43.56 47.08/47.17 2.21/2.29

2030S28 .72/.7 5.27/4.66 45.52/45.22 46.09/47.09 2.4/2.33

311_0C0 \_ 11.35/11.07 45.6/40.4 42.84/46.46 .21/2.01

327/1 \_ 7.18/5/36 59.94/40 31.58/53.66 1.3/.99

401_0J0 .01/.79 11.6/12.4 55.9/49.61 32/59/37.20 \_

406S3NBK .13/.2 7.03/11.07 32.14/40.24 59.42/46.48 1.28/2.01

406SB5VBB 50.54/66.14 6.93/10.05 36.23/18.52 6.3/5.29 \_

54602 \_ 2/10 42/5 56/85 \_

59408 \_ 3/25 26/5 71/70 \_

59411 \_ 3/10 26/5 71/70 \_

59412 \_ 3/10 26/5 71/70 \_

59455 \_ 3/10 22/10 75/80 \_

59460 \_ 2/10 42/15 56/75 \_

811B0C0 \_ 11.35/10.79 41.65/14.7 35/64.71 12/9.8

814B000 \_ \_ 2.16/3.78 76.24/80.99 21.6/15.24

832008 \_ 3.35/1.64 44.23/25.47 51.82/71.83 .6/1.06

RV5004PB 7.3/6.7 4.9/38.3 42.1/42.8 45.7/12.2 \_

The surface area percentages of glass vs. metal are given for some of
the items. Those percentages are (glass/metal): item #'s 311_0C0
(41/59); 327/1 (55/45); 401_0J0 (41/59); 811B0C0 (72/28); RV5004PB
(58/42).

The entries were liquidated January 10 or February 7, 1997, with
classification of the merchandise as chandeliers and other electric
ceiling or wall lighting fittings, excluding those of a kind used for
lightning public open spaces or thoroughfares of base metal other than
brass, in subheading 9405.10.60, HTSUS. On April 9, 1997, counsel for
the importer filed this protest.

The protestant contends that the articles should be classified as other
electric lamps and lighting fittings of base metal other than brass, in
subheading 9405.40.60, HTSUS, except for item #'s 2030L02, 2030L08,
311A0C0, 311B0C0, 327/1, 406SB5VBB, 59408, 811B0C0, 814B000, 832008, and
RV5004PB. The protestant contends that item #'s 2030L02, 2030L08, and
59408 should be classified as other electric lamps and lighting fittings
of other than base metal, in subheading 9405.40.80, HTSUS; item #'s
311A0C0, 311B0C0, and RV5004PB should be classified as chandeliers and
other electric ceiling or wall lighting fittings, excluding those of a
kind used for lighting public open spaces or thoroughfares of other than
base metal, in subheading 9405.10.80, HTSUS; and item \# 406SB5VBB
should be classified as other electric lamps and lighting fittings of
brass, in subheading 9405.40.40, HTSUS. The protestant concedes that
item #'s 814B000 and 832008 are correctly classified as liquidated (see
above).

The protestant argues that the language in subheading 9405.10, HTSUS
\"excluding those of a kind used for lighting public open spaces or
thoroughfares\" excludes from coverage of the subheading all exterior
lighting which, therefore, must be classified as other electric lamps
and lighting fittings in subheading 9405.40, HTSUS. The protestant cites
Appendix O of Annex III to Doc. 26.010 E, [Summary Record of the 20th
Session of the Harmonized System Committee and its Working
Party]{.underline} (April 2, 1980) for the proposition that \"\[t\]he
Working Party (and eventually the Contracting Parties) agreed 'to
restrict products of the first 1-dash subheading \[*i.e.*, 9405.10\] to
those not suitable for exterior use.'\" The protestant argues that the
structure of heading 9405 supports this distinction, with subheadings
9405.10 and 9405.20, HTSUS, naming interior lighting (chandeliers and
other electric ceiling and wall lighting fittings, table, desk, bedside
or floor-standing lamps, so that \"\[w\]ith the exception of christmas
tree lighting sets, the balance of electric lighting is covered by
heading 9405.40.\" The protestant cites the Harmonized Commodity
Description And Coding System Explanatory Notes (ENs) for heading 9405
(*i.e.*, in that \"porch and gate-lamps\" are distinguished from \"lamps
and lighting fittings normally used for illumination of rooms\") and
Customs rulings (*i.e.*, Headquarters Rulings (HQs) 088232 dated March
15, 1991, 087838 dated December 7, 1990, 085074 dated November 3, 1989,
and 080758 dated June 24, 1988) in support of its contentions.

The protestant also argues that some of the articles are mounted on
poles or otherwise mounted as sidewalk lighting or similar exterior
lighting and, thus, they may not be classified as \"ceiling or wall
lighting fittings\" in subheading 9405.10, HTSUS. The two items cited as
examples of these articles are not included in the protest , although an
illustration of item #59412 bears the annotation \"\[a\]ppears to be
intended for lamp post\".

The protestant contends that the articles are composite goods composed
of glass and metal components and, pursuant to GRI 2(b) and 3, they must
be classified according to the component material that gives them their
essential character. The protestant cites EN GRI 3(b)(VIII) in this
regard, and argues that the weight and surface area of the glass
component versus the base metal component support the glass component as
providing the essential character of the articles. The protestant argues
that \"\... the emphasis placed upon the glass components in the items'
design and marketing, provide persuasive support for this conclusion.\"
The protestant contends that the position Customs has taken in this
regard (that the metal components are indispensable because they form
the structure of the fixture to allow it to perform its basic function
of providing light and they hold the lamp sockets and electric circuitry
in place) \"render\[s\] nugatory\" the subheadings for lighting fixtures
of other than base metal. The protestant also contends that the Court of
Appeals for the Federal Circuit (CAFC) decision in the leading case of
*Better Home Plastics Corp. v. United States*, 119 F.3d 969 (Fed. Cir.
1997), makes clear that other factors than the function of the
components must be considered (*i.e.*, quoting from *Better Homes*, 119
F.3d at 971, \"the court's decision did not rely solely, or even hinge,
on the indispensability of the water retaining function \[and\] \[t\]he
decision was substantially based on the importance of the other
functions as well as the cost of the entire set\").

The protestant argues that the essential character of different kinds of
articles should be determined by different criteria, contending that
although \"\[l\]ooking at the functional role of the constituent
materials in sausage casings \[see *Vista International Packaging Co. v.
United States*, 19 CIT 868, 890 F. Supp. 1095 (1995)\], or at the
indispensable function of a plastic shower curtain that is part of a
cheap set to keep water in the bathtub, is a logical way to make a
difficult essential character determination *as to those products*\[,\]
\[i\]t is not however, the basis for engaging in such an analysis when
other considerations are present, such as the lack of any one
indispensable function performed by the metal or glass components, or
the significance of the components in the appearance and perception of
the article.\" The protestant cites two rulings (New York Ruling Letter
(NY) 806691 (undated, responding to a February 8, 1995, letter) and HQ
959270 dated January 24, 1997, in support of the argument that for the
articles under consideration, the component which gives the outward
appearance is an important factor in determining essential character.
The protestant provides three affidavits, by an official of a lighting
company, a dealer in antiques, including lighting accessories, and an
interior decorator, in support of its contention that \"\[t\]he visual
impact of the glass simply renders the glass components \[of the
articles under consideration\] the most distinguishing feature of the
light fixtures.\" Related to this argument, the protestant contends that
it is the glass component which gives the commercial appeal of the
articles and, in several instances, determines the commercial
description of the articles. Each of the affiants concludes that the
glass components distinguish the articles and have the greatest visual
impact on consumers (except for item #RV5004PB, in which the metal and
glass components are stated by each affiant to provide equal distinction
and have an equal visual impact, and item \# 811B0C0, in which the metal
and glass components are stated by one affiant to provide equal
distinction and have an equal visual impact on the consumer).

ISSUES:

\(1\) Whether the lighting fixtures are classifiable as chandeliers and
other electric ceiling or wall lighting fittings, excluding those of a
kind used for public open spaces or thoroughfares, in subheading
9405.10, HTSUS, or other electric lamps and lighting fittings, in
subheading 9405.40, HTSUS.

\(2\) Within either of those subheadings, whether the lighting fixtures
are classifiable as of base metal or other than base metal, and if of
base metal, of brass or other than brass.

LAW AND ANALYSIS:

Initially, we note that the protest was timely filed (within 90 days
after but not before the notice of liquidation (19 U.S.C. 1514(c)(3)(A))
and the matter protested is protestable (see 19 U.S.C. 1514(a)(2) and
(5)).

The classification of merchandise under the HTSUS is governed by the
General Rules of Interpretation (GRI\'s). GRI 1, HTSUS, provides, in
pertinent part, that for legal purposes, classification shall be
determined according to the terms of the headings and any relative
section or chapter notes. GRI 2(b) provides, in pertinent part, that
\"\[a\]ny reference to goods of a given material or substance shall be
taken to include a reference to goods consisting wholly or partly of
such material or substance \[and\] \[t\]he classification of goods
consisting of more than one material or substance shall be according to
the principles of \[GRI\] 3.\" Pursuant to GRI 3(b), \"\... goods
\[which\] are, *prima facie,* classifiable under two or more headings
\[and are\] \[m\]ixtures, composite goods consisting of different
materials or made up of different components, \[or\] goods put up in
sets for retail sale, which cannot be classified by reference to \[GRI\]
3(a) \[*i.e.*, by the heading which provides the most specific
description\], shall be classified as if they consisted of the material
or component which gives them their essential character \....\" GRI 6
provides, in pertinent part, that \"\... the classification of goods in
the subheadings of a heading shall be determined according to the terms
of those subheadings and any related subheading notes and, *mutatis
mutandis*, to the above rules, on the understanding that only
subheadings at the same level are comparable.\"

The Harmonized Commodity Description And Coding System Explanatory Notes
(ENs) constitute the official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and therefore not
dispositive, the ENs provide a commentary on the scope of each heading
of the Harmonized System and are thus useful in ascertaining the
classification of merchandise. Customs believes the ENs should always be
consulted. See T.D. 89‑80, published in the [Federal
Register]{.underline} August 23, 1989 (54 FR 35127, 35128).

The 1996 HTSUS subheadings under consideration are as follows:

> 9405 Lamps and lighting fittings including searchlights and spotlights
> and parts thereof, not elsewhere specified or included; \...:
>
> 9405.10 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:
>
> 9405.10.40 Of brass
>
> 9405.10.60 Other
>
> 9405.10.80 Other
>
> 9405.40 Other electric lamps and lighting fittings:

Of base metal:

> 9405.40.40 Of brass

9405.40.60 Other

9405.40.80 Other

There is no disagreement that the articles under consideration are lamps
and lighting fittings classified in heading 9405. The disagreement is
over the meaning of the clause, \"excluding those \[chandeliers and
other electric ceiling or wall lighting fittings\] of a kind used for
lighting public open spaces or thoroughfares\" and the material or
substance of the articles which gives them their essential character.

In regard to the meaning of \"public open spaces or thoroughfares\" in
the above-quoted phrase, it is well established that tariff terms are to
be construed in accordance with their common and commercial meanings
which are presumed to be the same (*Nippon Kogaku, Inc. v. United
States*, 69 CCPA 89, 92, 673 F.2d 380 (1982); see also *Nylos Trading
Company v. United States*, 37 CCPA 71, 73, C.A.D. 423 (1949);
*Winter-Wolff, Inc., v. United States*, 996 F. Supp. 1258 (CIT 1998)).
The common meaning of \"public\" is \"**1** of, belonging to, or
concerning the people as a whole; of or by the community at large\" and
that of \"thoroughfare\" is \"**1** a way or passage through \[or\]
**2** a public street open at both ends, esp. one through which there is
much traffic; highway; main road\" (*Webster's New World Dictionary*,
Third College Edition, at 1087, 1393 (1988)). Clearly, the common
meaning of the quoted phrase is not equivalent to \"exterior\" (\"**1**
*a*) on the outside; outer; outermost\", *supra*, at 481), as opposed to
\"interior\" (\"**1** situated within; on the inside; inner\", *supra*,
at 704), as contended by the protestant.

We disagree with the contention by the protestant that the history of
the Harmonized Tariff Schedule (HTS) supports the conclusion that
subheading 9405.10, HTSUS, was intended to be restricted to articles not
suitable for exterior use. In this regard, the protestant quotes
Appendix O of Annex III to Doc. 26.010 E, [Summary Record of the 20th
Session of the Harmonized System Committee and its Working
Party]{.underline} (April 2, 1980) for the proposition that \"\[t\]he
Working Party (and eventually the Contracting Parties) agreed 'to
restrict products of the first 1-dash subheading \[*i.e.*, 9405.10\] to
those not suitable for exterior use.'\" A thorough review of the
available record demonstrates that although the Harmonized System
Committee (HSC) and other HTS bodies considered such a provision, it was
rejected. That is, in 1977 there was no restriction, whether for
exterior lighting or with the current language (see HSC document
22.924E, February 23, 1977). In 1979, apparently at the suggestion of
Sweden, an exclusion \"not suitable for exterior use\" was proposed to
be added to subheading 9405.10 (HSC documents 25.864 E, December 18,
1979; 25.908, January 24, 1980). In 1980, it was determined to delete
the exclusion \"not suitable for exterior use\" because \"it would not
be easy to establish a distinction between lamps and lighting fittings
for indoor lighting and those more specifically designed for outdoor use
\[so the HSC\] considered it preferable to envisage regrouping these two
categories in a single heading of the Nomenclature \[this conclusion was
specifically stated to be\] in connexion with the application of
subheadings 9405.10 and 9405.40\" (HSC document 26.094 E, March 24,
1980). We believe that this history supports a conclusion that the
phrase in subheading 9405.10 \"excluding those of a kind used for
lighting public open spaces or thoroughfares\" is not equivalent to an
exclusion of exterior lighting.

We are bound by the common meaning of the quoted exclusion. That is,
those lighting fittings excluded from subheading 9405.10, HTSUS, by the
quoted phrase are of a kind used for lighting places which \"\[belong\]
to, or \[concern\] the people as a whole\" or public streets or
highways. Examples of lighting within the restriction would be lights of
a kind used for lighting streets or parks. This conclusion is not
inconsistent with EN 94.05 (*i.e.*, the listing of lamps \"normally used
for the illumination of rooms\" and \"lamps for exterior lighting\" does
not necessarily indicate an intent to classify these categories in
subheading 9405.10 and 9405.40, HTSUS, respectively, particularly given
the above-described history of the provision). Nor are the rulings cited
by the protestant in this regard inconsistent with this conclusion. That
is, the motion sensor lighting systems or security lighting systems, in
HQs 080758 (a ruling under the Tariff Schedules of the United States
(TSUS)), 085074, 087838 (also under the TSUS), and 088232 were not
\"\[c\]handeliers and other electric ceiling or wall lighting fittings\"
within subheading 9405.10; they were special purpose lighting not
similar to chandeliers or other ceiling or wall lighting. Furthermore,
we have been advised that such fixtures are of the kind affixed to a
roof, eave, or light pole, so that they are not \"ceiling or wall
lighting fittings\".

The lighting fixtures under consideration are not of a kind used for
public open spaces or thoroughfares (as commonly defined; see above).
Accordingly, we conclude that, with one exception, the articles under
consideration are \"\[c\]handeliers and other electric ceiling or wall
lighting fittings\" within subheading 9405.10, HTSUS. The exception is
the models of item #59412 which are constructed for placement on a pole
(item #'s 59412PTWHT and 59412PTBLK) which, as indicated above, are not
\"ceiling or wall\" lighting fittings. They are classifiable in
subheading 9405.40, HTSUS.

Regardless of whether the articles are classifiable in subheading
9405.10 or 9405.40, HTSUS, we must determine the material or component
which gives the articles their essential character. That is, pursuant to
GRI 2(b), made applicable by GRI 6 to the subheadings of heading 9405
[at the same level]{.underline}, the reference in the subheadings of
heading 9405 to lighting fixtures of base metal or other than of base
metal, and within the \"other\" provision, of brass or other than of
brass, is taken to include a reference to goods consisting wholly or
partly of such materials or substances and classification is required to
be according to the principles of GRI 3. Under GRI 3 (again, made
applicable to the subheadings of heading 9405 by GRI 6), the articles
are, *prima facie*, classifiable under two or more subheadings, and they
are not classifiable pursuant to GRI 3(a) (according to the most
specific description) because the competing subheadings each refer to
part only of the materials or substances so that the subheadings are to
be regarded as equally specific. Therefore, pursuant to GRI 3(b), the
articles \"\... shall be classified as if they consisted of the material
or component which gives them their essential character, insofar as this
criterion is applicable.\"

EN Rule 3(b)(VIII) lists as factors to help determine the essential
character of such goods the nature of the materials or components, their
bulk, quantity, weight or value, and the role of the constituent
materials or components in relation to the use of the goods. Recently,
there have been several Court decisions on \"essential character\" for
purposes of GRI 3(b). These cases have looked primarily to the role of
the constituent materials or components in relation to the use of the
goods to determine essential character. See, *Better Home Plastics Corp.
v. United States*, 916 F. Supp. 1265 (CIT 1996), affirmed 119 F.3d 969
(Fed. Cir. 1997); *Mita Copystar America, Inc. v. United States*, 966 F.
Supp. 1245 (CIT 1997), motion for rehearing and reconsideration denied,
994 F. Supp. 393 (CIT 1998), and *Vista International Packaging Co., v.
United States*, 19 CIT 868, 890 F. Supp. 1095 (1995). See also,
*Pillowtex Corp. v. United States*, 983 F. Supp. 188 (CIT 1997),
affirmed CAFC No. 98-1227 (March 16, 1999). We note that, as pointed out
by the protestant, the CAFC in *Better Home Plastics* emphasized that
all of the relevant factors should be considered in an essential
character analysis. That is, the CAFC stated (119 F.3d at 971):

> The \[CIT\] carefully considered all of the facts, and, after a
> reasoned balancing of all the facts, concluded that Better Home
> Plastics offered sufficient evidence and argument to overcome the
> presumption of correctness. The court concluded that the indispensable
> function of keeping water inside the shower along with the protective,
> privacy and decorative functions of the plastic liner, and the
> relatively low cost of the sets *all combined* to support the decision
> that the plastic liner provided the essential character of the sets.
> \... The court's decision did not rely solely, or even hinge, on the
> indispensability of the water-retaining function. The decision was
> substantially based on the importance of the other functions as well
> as the cost of the entire set.

Based on the foregoing, we have taken the position that, in an essential
character analysis for purposes of GRI 3(b), the role of the constituent
materials or components in relation to the use of the goods is generally
of primary importance, but the other factors listed in EN Rule
3(b)(VIII) should also be considered, as applicable (see, *e.g.*, HQ
961095 dated July 20, 1998; HQ 962047 dated May 17, 1999). Specifically,
with regard to essential character analyses of lighting fixtures of
heading 9405, we have looked primarily to the roles of the constituent
materials or components and to the component or material which is
indispensable to the use of the good. See, *e.g.*, HQ 957363 dated March
15, 1995, in which we held that the metal component provided the
essential character of the lighting fixtures considered therein because
\"\[t\]he metal components are indispensable to the structure of the
\... fittings as the metal forms the structure \... \[and\] hold\[s\]
the lamp sockets and electric circuitry in place\" (HQ 951126 dated May
12, 1992, and the rulings cited therein reasoned similarly to determine
that the metal component of lighting fixtures provided their essential
character).

As the protestant notes, we have also looked to the effect of the
component materials on the overall appearance of a lighting fixtures
(see HQ 959270 dated January 24, 1997, and NY 806691 (referred to
above)). In HQ 959270, the essential character was determined to be
provided by the glass and ceramic components on the basis of the special
appearance (with a \"peach blossom\" motif) of the lighting fixture,
which was found to be provided by those components (*i.e.*, \"\[a\]n
appropriate description of this lamp is a glass and ceramic lamp with
metal trim\"). NY 806691 also involved a lighting fixture with a special
appearance, a \"Tiffany-style\" fixture with decorative glass panels. We
have considered the affidavits provided by the protestant in our
consideration of this factor.

The various ceiling fixtures with a square metal base attached to the
ceiling, from which a metal frame extends to hold side panes and a
bottom pane of glass (item #'s 2030\...) do not have the special
appearance of a \"peach blossom\" or \"Tiffany-style\" lamp. The metal
provides the structure for the fixture, holding in place the lamp
sockets and electric circuitry, as well as the simple panes of glass
fitted into the metal framework. The weight and cost or value of the
base metal versus those of the glass and other materials for these
articles is not conclusive (the weight is no less than 45% of the total
and the cost is no less than 47% of the total). We conclude that the
essential character of these articles is provided by the base metal.
Because the brass content is negligible, they are classified in
subheading 9405.10.60, HTSUS.

In regard to the jelly jar light and \"mini\" lantern (item #'s 401_0J0
and 59460), these articles appear to be relatively inexpensive fixtures
(see *Better Home Plastics*, *supra*). The metal component of the
articles provides the structure, holding in place the lamp sockets and
electric circuitry, with the glass component basically used to protect
the light bulb. Although the weight and cost or value of glass and other
non-base metal components in item \# 401_0J0 are greater than the weight
and cost or value of the base metal components, that is not true of item
\# 59460 and, in any case, the comparative amounts are not large enough
to be conclusive. Based on the contribution of the components to the
indispensable function of the articles, as well as all other relevant
factors (see above), including the relatively inexpensive nature of
these articles, we conclude that the essential character of these
articles is provided by the base metal and, as there is no brass content
or only a negligible brass content, they are classified in subheading
9405.10.60, HTSUS. Similarly, item \# 832008, which also appears to be a
relatively inexpensive fixture, and in which the non-base metal
components make up a lesser percentage of the weight and cost or value
of the whole, is classified in subheading 9405.10.60, HTSUS, as the
protestant appears to concede.

In the case of the various outdoor coach or carriage lanterns and
similar fixtures (item #'s 406S3NBK, 406SB5VBB, 54602, 59408, 59411,
59412, and 59455), the metal component provides a substantial part of
the appearance of the article (*i.e.*, in the worked, decorative, tops
and bottoms of the articles and the substantial framework), as well as
providing the structure for the lamp sockets and electric circuitry. The
glass components basically consist of panes of glass fit into the metal
framework. In each of these items, the weight and cost or value of the
base metal components are greater than those of the non-base metal
components. We conclude that the essential character of these articles
is provided by the base metal. The base metal of item \# 406SB5VBB is
primarily brass and, therefore, this item is classified in subheading
9405.10.40, HTSUS. The remaining articles addressed here have no brass
or a negligible brass content and, therefore, that they are classified
in subheading 9405.10.60, HTSUS.

In the case of the two chandeliers (item #'s 811B0C0 and 814B000), the
protestant concedes that classification of item \# 814B000 in subheading
9405.10.60 is correct, apparently because there is virtually no glass
component in this article. The glass components of item \# 811B0C0
basically consist of shades to go over the light bulbs. The metal
components provide the physical structure and contribute substantially
to the decorative appearance of the article. They also provide the
structure for the lamp sockets and electric circuitry. Although the
weight of the non-base metal components is greater than that of the base
metal components, the cost or value of the base metal components is
greater. We conclude that the essential character of both of these
chandeliers is provided by the base metal and, as there is no brass
content, they are classified in subheading 9405.10.60, HTSUS.

The remaining articles (item #'s 311_0C0, 327/1 and RV5004PB) are
varieties of interior wall lamps. Although each has a glass shade (or
shades in the case of item \# RV5004PB), the shades do not have the
special appearance of those of the \"peach blossom\" or
\"Tiffany-style\" lamps of HQ 959270 and NY 806691, respectively (see
above). In fact, the shades merely shade, or cover, the light bulb, and
are not part of a special motif. The metal components of each of the
articles contribute substantially to the decorative appearance of the
articles (*e.g.,* the graceful U-shaped holder for the fixture in item
\# 311_0C0, the \"curlicue\" on the end of the holder and the trim
around the shade in item 327/1, and the special form of the portion that
holds the four sockets and shades in item RV5004PB). As with the other
articles, the physical structure (which contributes substantially to the
form of the articles), as well as the structure for the lamps sockets
and electric circuitry, is provided by the base metal component. The
percentages of weight and cost or value are not conclusive (*e.g.,*base
metal component weight and cost or value percentages for item \# 311_0C0
not less than 42/46, \# 327/1 not less than 31/53, and RV5004PB not less
than 53/18 (in the case of the last, this figure may be understated in
view of the 38.3% for \"electric parts\")). We conclude that the
essential character of these articles is provided by the base metal and,
as there is no brass content or, in the case of item #RV5004PB, the
brass component is substantially less than the \"other\" base metal
component, they are classified in subheading 9405.10.60, HTSUS.

HOLDINGS:

\(1\) The lighting fixtures are classifiable as chandeliers and other
electric ceiling or wall lighting fittings, excluding those of a kind
used for public open spaces or thoroughfares, in subheading 9405.10,
HTSUS, [except]{.underline} for the models of item #59412 which are
constructed for placement on a pole (item #'s 59412PTWHT and 59412PTBLK)
which are classifiable as other electric lamps and lighting fittings, in
subheading 9405.40, HTSUS.

\(2\) Within these subheadings, the essential character of the lighting
fixtures is provided by the base metal component and they are classified
as lamps and lighting fittings of base metal other than brass, in
subheading 9405.10.60, HTSUS, or, in the case of the models of item \#
59412 which are constructed for placement on a pole, as other electric
lamps and lighting fittings of base metal other than brass, in
subheading 9405.40.60, HTSUS, [except]{.underline} for item \# 406SB5VBB
in which the base metal which provides the essential character is brass
and the item is classified as lamps and lighting fittings of brass, in
subheading 9405.10.40, HTSUS.

**The protest should be ALLOWED in part (as to the models of item \#
59412 which are constructed for placement on a pole and item \#
406SB5VBB, which are to be classified as above) and DENIED in part (as
to the remaining items). In accordance with Section 3A(11)(b) of Customs
Directive 099 3550‑065, dated August 4, 1993, Subject: Revised Protest
Directive, you are to mail this decision, together with the Customs Form
19, 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 make the decision available to Customs personnel, and to the
public on the Customs Home Page on the World Wide Web at
www.customs.gov, by means of the Freedom of Information Act, and other
methods of public distribution.**

Sincerely,

John Durant, Director,

Commercial Rulings Division

[^1]: Or \"electric parts\" for item #'s 54602, 59408, 59411, 59412,
    59455, 59460, RV5004PB.