July 5, 2007 CBP Bulletin Notice on Certain Electric Candle Lamps

Proposed revocation of rulings; proposed revocation of treatment. CBP is proposing to revoke seven rulings on the classification of certain electric candle lamps. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocations, or any party involved with a substantially identical transaction, should advise CBP by August 4, 2007, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.

In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.

Electric candle lamps. The merchandise at issue is "faux flame" candles which are battery operated LED lights in the form of candles. Each of the seven rulings contains a specific description of a particular item, but all the items share basic characteristics as battery-operated candle-like lamps, which when activated are designed to simulate real candlelight. Some of the lamps are plastic or metal, and some of them are inserted into a wax pillar to simulate a wax candle (flameless wax candle), some are specifically designed for use in Jack O'Lanterns. In general, the items are designed for placement on a flat surface such as a table for an illuminated candlelight effect and can be carried from place to place. See bulletin for specific detailed descriptions.

CBP is proposing to issue HQ H003215, HQ H003216, HQ H003214, HQ H003357, HQ H003217, HQ H003212, and H003863 in order to revoke NY M83666, NY L83074, NY L87499, NY R00050, NY L86672, NY L86200, and NY L89316, respectively, and reclassify the subject merchandise under subheading 9405.40.80 as "Lamps and lighting fittings including searchlights and spotlights and parts thereofOther electric lamps and lighting fittings: Other," rather than subheading 8513.10.40 as "Portable Electric Lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof: Lamps: Other."

CBP proposes this change based on the Explanatory Notes (ENs) to heading 8513. The EN 8513 states, in pertinent part, that: "The term "portable lamps" refers only to those lamps (i.e., both the lamp and its electricity supply) which are designed for use when carried in the hand or on the person, or are designed to be attached to a portable article or object. They usually have a handle or a fastening device and may be recognized by their particular shapes and their light weight." (emphasis original) CBP states that if designed for use when carried in the hand, a lamp will be classified under heading 8513. If not, the electric candle lamp is excluded from heading 8513, and is classifiable instead under the basket provision for lamps, heading 9405. Furthermore, the ENs to heading 9405 indicate that certain types of portable lamps belong in 9405: "Portable lamps (other than those of heading 85.13), e.g., hurricane lamps; stable lamps; hand lanterns; miners' lamps; quarrymen's lamps."

Based on the ENs, and the fact that the lamps at issue are not designed for being carried in the hand or on the person, and do not have any handle or fastening device, CBP now proposes that the merchandise is properly classified in subheading 9405.40.80.

proposed: 9405.40.80, 3.9%; current: 8513.10.40, 3.5%

July 5, 2007 CBP Bulletin (Vol. 41, No.28) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/