The tariff classification of illuminated balusters and plastic components from China.

N156960 April 6, 2011 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.6000; 3925.90.0000 Ms. Margaret A. Purvis AFC International, LLC 5195 Southridge Pkwy., Suite 100 Atlanta, GA 30349 RE: The tariff classification of illuminated balusters and plastic components from China. Dear Ms. Purvis: In your letter dated March 16, 2011, you requested a tariff classification ruling on behalf of your client, Creative Industries, LLC. The merchandise under consideration consists of an Outdoor Aluminum Lighted Baluster, item number 171-7610; a bag of Rail Wire Covers, item number 171-7626; bag of Stair Baluster Connectors, item number 171-7625; and a Loose Non-Lighted Baluster. The balusters and plastic components are designed for outdoor use with stairways and deck railings. Samples of all items were submitted with your ruling request and will be returned to you. The Outdoor Aluminum Lighted Baluster consists of a 26 inch long aluminum tube with an outside diameter of approximately ¾ of an inch. In the center of the tube is an oval shaped lamp consisting of a plastic lens measuring approximately 3 inches tall by 2 inches in diameter at its widest point. At one end of the tube is an electrical connector for connecting the lamp to a wiring system. When illuminated, the lamp provides 360º of light to the surrounding area. The Rail Wire Covers are molded plastic channels measuring approximately 3 inches in length with two mounting holes and are imported in bags of 15. They are designed to cover electrical conductors between the individual balusters and to mount those conductors to the underside of the railing of stairways and decks. The Stair Baluster Connectors are hollow center fittings or end caps of molded plastic used to mount the individual balusters to upper and lower stairway railings. They are imported in bags containing 15 sets of connectors. The applicable subheading for the Outdoor Aluminum Lighted Baluster, item number 171-7610 will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Other electric lamps and lighting fittings: Of base metal: Other.” The general rate of duty will be 6 percent ad valorem. The applicable subheading for the bag of Rail Wire Covers, item number 171-7626, and bag of Stair Baluster Connectors, item number 171-7625 will be 3925.90.0000, HTSUS, which provides for “Builders’ ware of plastics, not elsewhere specified or included: Other.” The general rate of duty will be 5.3 percent 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/. Your inquiry does not provide enough information for us to give a classification ruling on the loose Non-Lighted Baluster. Your request for a classification ruling should include the following information: Provide the constituent makeup and aluminum percentage of the baluster/tubes. Are they alloyed, and if so, what is the percentage by weight of each of the elements? It appears that the product is not seamless; is that correct? If imported individually, do the unlighted balusters always contain caps at the ends? Are the caps fitted on the ends or packed separately in the package? If fitted on the ends, will those caps remain in place for installation? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you regarding the Non-Lighted Baluster. 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division