The tariff classification of parts of track lighting systems fromChina.

NY A86903 September 24, 1996 CLA-2-94:RR:NC:GI:227 A86903 CATEGORY: Classification TARIFF NO.: 9405.99.4000 Mr. David J. Levine McDermott, Will & Emery 1850 K Street, N.W. Washington, DC 20006-2296 RE: The tariff classification of parts of track lighting systems from China. Dear Mr. Levine: In your letter dated August 27, 1996, on behalf of Fyrnetics, Inc., you requested a tariff classification ruling. The samples are being returned as requested. The samples submitted, items L-3703, L-735, L-1551, E-2830 and E-2835, are parts of track lighting systems. They are stated to be representative samples of the track lighting parts to be imported. The parts are identified as lampholders and are principally made of metal and plastic materials. In your request, you suggest that these lampholders are classifiable under subheading 8536.61.0000, HTS, the provision for lamp-holders. This opinion is based upon the description of lamp-holders as stated in Explanatory Note (EN) 85.36 A(3). In the condition as imported, however, these items would be precluded from classification under heading 8536,HTS, by virtue of the last paragraph of EN 85.36 A(3) which states that "plugs and sockets, etc., assembled with a length of wire, are excluded." Aside from the housing and bracket, the lampholders consist of a socket connected by lengths of insulated wires to a mounting adaptor with contact heads, i.e., a plug. Although this exclusion makes reference to classification under heading 8544 in the alternative, that provision would not be applicable to these lampholders since their essential character is clearly beyond the scope of heading 8544. In addition, in EN 94.05 it states that "Non-electrical parts of articles of this heading, combined with electrical parts, remain classified here." Since the housing and bracket are non-electrical parts that are combined with electrical parts to form parts of lamps and lighting fittings, the subject articles are classified under heading 9405, HTS. The applicable subheading for items L-3703, L-735, L-1551, E-2830 and E-2835 will be 9405.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of lamps and lighting fittings other than of glass, plastics or brass. 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