N314448

N314448 September 28, 2020 CLA-2-85:OT:RR:NC:N4:410 CATEGORY: Classification TARIFF NO.: 8539.32.0020; 8539.32.0090; 9903.88.03 Mr. Qiaolu Hou BFG Supply Co. 14500 Kinsman Road Burton, OH 44021 RE: The tariff classification of high pressure sodium and metal halide grow lamps from China Dear Mr. Hou: In your letter dated September 7, 2020, you requested a tariff classification ruling. The merchandise under consideration is identified as the follows: High Pressure Sodium (HPS) Lights Models HPS 400W 230V E40/E39, HPS 600W 230V E40/E39 EL, HPS 1000W 230V E39 and HPS 1000W 400V DE EL Plus. The first three models have a screw base and the last model is double ended. Ceramic Metal Halide Grow Lamps Models CMH315PGZX18/930 and CMH315PGZ18/942 are single ended (two prongs) lamps. Metal Halide Grow Lamps Models MH400/4200K/6000K, MH600/4200K/6000K and MH1000/4200K/6000K have a screw base and Model MH1000/DE is double ended. In your letter you suggest classification of the above lamps (light bulbs) under subheading 8424.82.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, in pertinent part, “[M]echanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; Other appliances: Agricultural or horticultural.” However, in their imported condition, these articles meet the terms of heading 8539, HTSUS, as electrical discharge lamps. Inasmuch as they meet the terms of subheading 8539.32.00, classification within heading 8424, HTSUS, would not be appropriate. The applicable subheading for the HPS Lights (High Pressure Sodium) Models HPS 400W 230V E40/E39, HPS 600W 230V E40/E39 EL, HPS 1000W 230V E39 and HPS 600W 230V E40/E39 EL, will be 8539.32.0020, HTSUS, which provides for “Electrical filament or discharge lamps…Discharge lamps, other than ultraviolet lamps: Mercury or sodium vapor lamps; Sodium vapor.” The rate of duty will be 2.4 percent ad valorem. The applicable subheading for the Ceramic Metal Halide Grow Lamps, Models CMH315PGZX18/930 and CMH315PGZ18/942; Metal Halide Grow Lamps Models MH400/4200K/6000K, MH600/4200K/6000K, MH1000/4200K/6000K and MH1000/DE, will be 8539.32.0090, HTSUS, which provides for “Electrical filament or discharge lamps…Discharge lamps, other than ultraviolet lamps: Other.” The rate of duty will be 2.4 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 8539.32.0020 and 8539.32.0090, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 8539.32.0020 and 8539.32.0090, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 https://hts.usitc.gov/current. 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 Michael Chen at michael.w.chen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division