HQ 221338: Substitution same condition drawback; fungibility of halogenlight bulbs; 19 USC 1313(j)(2); 19 CFR 141.2(l)

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 221338

                          May 30, 1991

DRA-4 CO:R:C:E 221338 C

CATEGORY:  Drawback

Gerald L. Roth
BULBMAN
630 Sunshine Lane
P. O. Box 2918
Reno, Nevada  89505

RE:  Substitution same condition drawback; fungibility of halogen
light bulbs; 19 USC 1313(j)(2); 19 CFR 141.2(l)

Dear Mr. Roth:

     This responds to your March 16, 1989 and February 13, 1990
letters regarding a fungibility request for light bulbs/lamps. 
We submitted your request to our Office of Laboratories and
Scientific Services for review.  By memorandum of April 4, 1991,
that office indicated that the specifications for the
domestically and foreign produced DYS/DYV/BHC/120v-600w lamps are
sufficient to demonstrate fungibility.  No determination for the
DDM/19v-80w lamp could be made because there were no
specifications to review.

     You submitted copies of GE (General Electric) projection
lamp specifications (p. 7 of your submission) and copies of
tungsten halogen lamp specifications (p. 9 of your submission),
the latter apparently being specifications for lamps produced by
foreign manufacturers.  On each list, the GE list and the foreign
manufacturer list, there is listed the ANSI (the American
National Standards Institute) code DYS/DYV/BHC.  On the GE list,
there are 11 columns of specifications (not counting the one for
"application").  On the foreign manufacturer list, there are 13
columns (same exception).  The following specifications, found on
both lists, appear to be the most significant: watts or amps;
volts; filament design (or type); average life hours; approximate
lumens; approximate color temperature.  On the basis of these
specifications, a comparison of these lamps, suitable for a
fungibility determination, can be made.  For the domestic and
foreign produced DYS/DYV/BHC/ lamps, the foregoing specifications
are identical.  The Office of Laboratory and Scientific Services
advised that fungibility for these bulbs has been sufficiently
established.

     However, the DDM/19v-80w lamp is not listed on either of
these specifications lists.  The only information on the DDM lamp
is found on page six of your submission.  After the DDM code,
there are four columns, each containing a number.  The meaning of
these columns and numbers is unclear.  Because there are no
specifications to permit a comparison of the domestic and foreign
lamps, a fungibility determination for the DDM lamps could not be
made.  If the specifications lists included specifications for
the DDM lamp, and if these specifications, like those for the
DYS/DYV/BHC lamps, were identical, it is likely that fungibility
would be established.  The establishment of fungibility - that
is, the burden of proving fungibility - is the obligation of the
drawback applicant.

     On the basis of the information you submitted, we cannot
conclude that domestic and foreign bulbs/lamps with the same ANSI
code are fungible.  We would want to see more evidence before
making that kind of broad fungibility determination.  The
specifications for one lamp, the DYS/DYV/BHC, are not enough.  It
would be helpful to submit a statement from the ANSI on that
subject, with supporting evidence.

     Your submission indicated that ANSI codes, in many cases,
have corresponding, or equivalent, IEC codes.  On the information
submitted, we cannot hold that bulbs/lamps with ANSI codes and
equivalent IEC codes are fungible.  Without sufficient evidence
to establish that proposition, it cannot be endorsed.

     In summary, we conclude that the domestic and foreign
DYS/DYV/BHC/120v-600w lamps you submitted as samples are
fungible.  The information submitted regarding the DDM/19v-80w
lamp is not sufficient to permit a fungibility determination. 
Likewise, the information submitted is not sufficient to permit
us to hold that all bulbs/lamps with the same ANSI code are
fungible, or that bulbs/lamps with ANSI and equivalent IEC codes
are fungible.  The burden for establishing fungibility is on the
drawback applicant.

     Please feel free to submit additional information relative
to this matter.  If you have any additional questions, please
contact this office (202/566-5856).

                               Sincerely,




                               William G. Rosoff
                               Chief
                               Entry Rulings Branch