HQ 083785: Brass swan and base unit used as a touch switch for incandescent lamps

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083785

                                    June 6, 1989

          CLA-2 CO:R:CV:G:  083785 BPM

          CATEGORY:  Classification

          TARIFF NO.:  8538.90.0080

          Mr. Wilfried Wedemeyer
          Janel International Forwarding Co.
          405 South Isis Avenue
          Inglewood, California 90301

          RE:   Brass swan and base unit used as a touch switch for
                incandescent lamps

          Dear Mr. Wedemeyer:

                By letter dated February 7, 1989, you requested on behalf
          of your client, Markay Industries, Beaumont, California, a ruling
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA) on the appropriate tariff classification of a
          brass ornamental swan and base assembly used as a part of a
          decorative dimmer switch for incandescent lamps.

          FACTS:

                The swan and base assembly to be classified herein is
          composed of a brass swan approximately eight inches high, five
          inches wide and three inches deep resting on a base that is
          slightly more than one inch high.  The swan is hollow, having an
          opening on its back for access to a cavity.  The base is also
          hollow, has a protrusion with a threaded screw hole for the
          connection of a small electrical wire on the underside and a
          notch for the egress of a three conductor electrical wire on the
          side.

                After importation, the wires and electronic dimmer switch
          unit are connected with the swan and base assembly creating a
          decorative dimmer switch operated by touch.

          ISSUE:

                Is the brass swan and base assembly, used in connection
          with a dimmer switch unit and electrical wiring, (1) a part
          suitable for use solely or principally with an electrical
          apparatus for switching electrical circuits, classifiable under















                                         -2-

          subheading 8538.90.0080, HTSUSA, or (2) a statuette or other
          ornament of base metal, classifiable under subheading
          8306.29.0000, HTSUSA?

          LAW AND ANALYSIS:

                The design of the swan and base assembly renders it a part
          suitable for use principally with the dimmer switch.  For
          example, the notch, which is intended to give the wire a place of
          egress, and the screw holes for attachment of the wire and the
          base, which holds the dimmer switch in place, indicate that the
          principal use is as part of an electrical apparatus.  An
          additional indication that the swan is principally suitable for
          use as an electrical switch is the fact that it is not suitable
          for other uses.  For example, it is not suitable for use as a
          planter since it cannot be filled with water, as evidenced by the
          warning label reading "DO NOT USE WATER IN SWAN."  It cannot be
          used as a candy bowl since the opening in the swan is not large
          enough to allow a hand to reach candy at the bottom of the
          cavity.  Although the swan could be used as a decorative piece
          without accessory or, to hold dried flowers or other decorative
          articles, the presence of the design features listed above which
          accomodate use as part of an electrical switch is significant
          enough to indicate that the principal use for which the swan is
          suitable is as part of an electrical switch.

                Note 1(f) to Section XV states that the section does not
          cover articles of Section XVI.  Since the swan and base assembly
          is prima facie included in a provision of Section XVI, as a part
          suitable for use solely or principally with an electrical switch,
          it is effectively barred from classification in Section XV by
          Note 1(f).

          HOLDING:

                An assembly consisting of a brass swan and base, designed
          for use in connection with a dimmer switch unit and electrical
          wiring, is a part suitable for use solely or principally with an
          electrical apparatus for switching electrical circuits and is
          properly classified under subheading 8538.90.0080, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division