CLA-2 CO:R:C:M 088232 MBR
District Director
U.S. Customs Service
300 South Ferry St. Terminal Is
San Pedro, CA 90731
RE: Protest No. 2704-89-003849, dated 8/14/89; Motion Sensor
Lighting System; Convenience Light; Security Light; 9405;
8531
Dear Sir:
This is our response regarding Further Review of Protest No.
2704-89-003849, dated August 14, 1989, which pertains to the
classification of a "Motion Sensor Light Control," under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue is the Heath/Zenith brand "Motion
Sensor Light Control," model 5310A, imported from Taiwan. Each
kit consists of a rectangular plastic control module with a
passive infrared sensor, two metal flood light fixtures, and a
wall mounting bracket. The infrared sensor automatically turns
on the floodlights when it detects movement up to 70' away in a
110 degree arc. This light control also has "manual override"
and can be operated manually with an on and off switch. It
appears that the primary component material is of other than base
metal. The spotlights themselves are not included with this
fixture.
ISSUE:
Whether the article in question is classifiable within
heading 9405, HTSUSA, which provides for "[l]amps and lighting
fittings including searchlights and spotlights and parts thereof,
not elsewhere specified or included; . . ."; or within heading
-2-
8531, HTSUSA, which provides for "[e]lectric sound or visual
signalling apparatus (for example, bells, sirens, indicator
panels, burglar or fire alarms), . . . ; parts thereof."
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.
Heading 9405 provides for lamps and lighting fittings.
Explanatory Note (EN) 94.05(I) states that the lamps and lighting
fittings of this heading can be constituted of any material and
use any source of light. This heading particularly provides for
lamps for exterior lighting. EN 94.05(I)(1).
The motion sensor automatically turns on floodlights which
illuminate an outdoor area. Therefore, the article would appear
to be described by the terms of this heading. More specifically,
it is provided for in subheading 9405.40.80, HTSUSA, which covers
"[o]ther electric lamps and lighting fittings."
This conclusion is supported by Ruling Letters HQ 080758
(June 24, 1988), HQ 085974 (November 3, 1989), and HQ 087838
(December 7, 1990). These rulings dealt with the classification
of "automatic security lights," a "motion detector light kit,"
and a "motion sensor light control system," all of which are
almost identical to the article in question. In these cases,
Customs ruled that this class of lighting control devices does
not qualify as signalling apparatus but instead is properly
classifiable in the provision for illuminating articles. These
rulings were based on the rationale of Oxford International
Corporation v. United States, 75 Cust. Ct. 58, C.D. 4608 (1975).
In Oxford the court defined the scope of signalling apparatus and
determined that it encompasses only those devices whose function
it is to call attention to temporary or abnormal conditions.
You argue that the article in question is a type of "visual
signalling burglar alarm" which is classifiable within heading
8531. You cite the ENs for heading 8531 which state that this
heading "covers all electric apparatus used for signalling
purposes, whether using sound for the transmission of the signal
(bells, hooters, etc.) or using visual indication (lamps, flaps,
illuminated numbers, etc.), and whether operated by hand (e.g.
door bells) or automatically (e.g., burglar alarms). (Emphasis
added).
Although the article in question may be partially intended
to utilize automatic lamps to frighten or dissuade a burglar,
-3-
it does not actually signal because its function is not to call
attention to temporary or abnormal conditions. Instead, it
functions primarily to illuminate an outdoor area. The result of
this illumination is to provide lighting for the homeowner,
guests, or anyone else who approaches the area. The illumination
is steady and does not blink or perform any particular
"signalling" function, other than illumination. The fact that
the article in question also can be used for security purposes
does not negate the predominant convenience and safety uses of
the item. Therefore, the article in question is properly
classifiable under heading 9405, which provides for electric
lamps and lighting fittings.
The motion sensor light control is a good consisting of both
metal and plastic materials. However, the plastic components
are six times the value of the metal components. Additionally,
the component which imparts the essential character of this
article is that of the sensor unit, which is comprised of
plastic. Only the fittings are comprised of metal. Therefore,
the motion sensor light control is classifiable under the
provision for electric lamp and lighting fittings of other than
base metal.
HOLDING:
The Heath/Zenith brand "Motion Sensor Light Control," model
5310A, imported from Taiwan, is classifiable within subheading
9405.40.80, HTSUSA, which provides for electric lamp and lighting
fittings of other than base metal. These items are dutiable at
3.9 percent ad valorem.
Since reclassification of the merchandise as indicated above
will result in the same rate as one of the rates claimed, you
should allow the protest in full. A copy of this decision should
be attached to the Form 19 Notice of Action.
Sincerely,
John Durant, Director
Commercial Rulings Division