The tariff classification of a LED bow lights from China

N067578 July 10, 2009 CLA-2-63:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Vicky Sutanto Starlite Creations Inc. 727 Brea Canyon Road Suite 4 Walnut, CA 91789 RE: The tariff classification of a LED bow lights from China Dear Ms. Sutanto: In your letter dated June 23, 2009, you requested a tariff classification ruling. The submitted sample is called “9Ft. Yellow LED Bow Lights” (Item # RB25-Y009-A). It is a bow, approximately 9” across, made of 2½”-wide, double-faced nylon ribbon; the two facing fabrics are joined at the edges, with a wire running along the edges, allowing the ribbon to be shaped. A string of copper wire mounted with 36 LED chips (made from silicone) runs between the two facing fabrics. This item operates using the power supply (power adapter) which will be included inside the retail box. The power adapter is a standard U.S. adapter with two prongs. It is UL listed with output of 3V/1A. The consumer will need to connect the cable found on the bow lights to the adapter. The connector cable from the bow lights to the adapter is 9.8 ft. The power adaptor supplies the electric current to the string light thus lighting up the LEDs mounted on the item. The string light sets received U.S. patent number 7,235,815. Articles which utilize light purely for its decorative effect and to furnish illumination to the articles themselves, and do not have any substantial capacity for illuminating the surrounding area, are not illuminating articles and consequently are not lamps within the common meaning of the term. The LEDs in the bow simply enhance the decorative effect of the article; any lighting of the surrounding space is only incidental to the use of the lights as a decorative article. This item is for indoor decorative purposes and is suitable for Christmas decorations, wedding decorations, party decorations, or just common home or office decorations. However, there is nothing about it specifically related to Christmas or any other specific holiday or occasion. The applicable subheading for the LED ribbon bow with the adaptor will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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/. The sample will be returned as requested. 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division