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