HQ 087838
                                          DEC 7 1990
            CLA-2:CO:R:C:G   087838 JAS
District Director of Customs
            300 South Ferry St., Rm. 2017
            Terminal Island
            San Pedro, California 90731
            RE:  Motion Sensor Light Control System; Security
                 Light Control Devices; Convenience Lighting;
                 Visual Sound Signalling Apparatus; Item 653.39,
                 685.73, 688.42, TSUS
            Dear Sir:
                 This is our decision on Application for Further Review of
            Protest No. 2704-9-000329, dated January 26, 1989, filed on
            behalf of counsel representing The Heath Company, St. Joseph,
            Michigan.  The merchandise is covered by multiple consumption
            entries dated October 28, 1988, liquidated November 4, 1988.
            Our decision follows.
            FACTS:
                 The merchandise in issue is the Heath/Zenith brand
            security lighting control system, models SL-5310A, SL-5320A,
            and SL-5410A, all from Taiwan.  Each device consists of a
            rectangular shaped plastic control module with infrared sensor,
            two (2) metal canisters with spotlights, and a wall mounting
            bracket.  These units connect to an existing outdoor floodlight
            junction box.
                 Each unit has a passive infrared sensor that upon
            detecting  the requisite amount of body heat from an
            approaching person or motion from an approaching car functions
            as a switch to activate the flood lights.  These models sense
            between 60 and 70 ft. away in a 110 degree arc, providing
            either 2,000 or 4,000 sq. ft. of coverage.  A photoelectric
            cell deactivates the sensor in daylight.  The model SL-5320A
            will also activate inside lights, the television, or any other
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            receptor device, a function that can also operate in daylight
            hours.  In devices of this type sensitivity can be adjusted to
            accomodate wandering animals.
                 Counsel stresses the security aspects of the models in
            issue and notes they are advertised and marketed as security
            systems designed to detect the presence of intruders.  A recent
            consumer survey notes almost 99 percent of the buyers rated
            security as the most important reason for buying these units.
            Consequently, counsel urges classification in item 685.73,
            Tariff Schedules of the United States (TSUS), as other
            electrical sound or visual signalling apparatus.  You maintain
            that because the devices function primarily as convenience
            lighting the item 685.73 classification is undocumented.
            Consequently, you liquidated the entries in item 688.42, TSUS,
            as other electrical articles and electrical parts of articles,
            not specially provided for.  These devices appear to be in
            chief value of plastic.  For this reason, the provision for
            other illuminating articles and parts thereof, of base metal,
            in item 653.30, TSUS, was found to be inapplicable.
            ISSUE:
                 Whether the motion sensor light control devices in issue
            are visual sound signalling apparatus for tariff purposes.
            LAW AND ANALYSIS:
                 Counsel's primary claim is that these units are advertised
            and marketed as security systems designed to detect the
            presence of intruders, and has a secondary and subordinate use
            as convenience lighting to allow returning occupants the
            opportunity to approach a building under good illumination.  As
            such, they  meet judicial criteria for determining
            classification under item 685.70, TSUS:  they are electrical,
            they alert to the existence of a potential hazard, and they
            function only in temporary situations.
                 The case most often cited as defining the scope of item
            685.70 is Oxford International Corporation v. United States, 75
            Cust. Ct. 58, C.D. 4608 (1975).  There, the court stated that
            item 685.70 encompasses only those devices whose function is to
            call attention to temporary or abnormal conditions.  Applying
            the rule of ejusdem generis, the court concluded that other
            sound or visual signalling apparatus must, like the named
            exemplars in that item number, warn of the existence of
            emergencies or special circumstances.  In A & A International,
            Inc. v. United States, 5 CIT 183 (1983), the status of metal
            detectors under item 685.70 was considered.  There, while
            restating that articles enumerated in item 685.70 function in
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            "temporary" or "abnormal" situations, the court affirmed the
            statement in Oxford as to use by noting that a device may
            "signal" by simply conveying information or giving notice of a
            specific event, and need not warn only of an emergency.  The
            metal detector was found to "signal" because it gave notice or
            called attention to a special circumstance (i.e., the presence
            of metal).
                 The devices in issue here function in part as convenience
            and safety lighting.  In this mode, no one is being alerted to
            a temporary condition or the special circumstance of an
            approaching intruder, nor is information being conveyed.  The
            devices in such cases function merely as a steady source of
            illumination to permit an occupant or visitor to safely enter
            the premises.  Used in this way, they are analogous to garage
            door openers.  The submission of consumer surveys and
            literature accenting the "security feature" of these devices
            does not negate their use as convenience or safety lighting.
            The evidence of record compels the conclusion that the models
            SL-5301A, SL-5320A, and SL-5410A are not of a like kind with
            bells, sirens, indicator panels, and burglar and fire alarms
            enumerated in item 685.70, TSUS, and therefore, are not sound
            or visual signalling apparatus.
            HOLDING:
                 The Heath Zenith brand security lighting control system
            models SL-5310A, SL-5320A, and SL-5401A are classifiable under
            the provision for electrical articles and electrical parts of
            articles, not specially provided for, in item 688.42, TSUS.
                 The protest should be denied.  A copy of this decision
            should be attached to the Form 19, to be mailed to counsel for
            the protestant.
                                  Sincerely,
John Durant, Director
                                  Commercial Rulings Division