CLA-2 OT:RR:CTF:EMAIN H276956 SKK
Ms. Amy Hess
World Exchange Inc.
11205 S. La Cienega Blvd.
Los Angeles, CA 90045
RE: Modification of NY N255515; Classification of D-Link WiFi motion sensors.
Dear Ms. Hess:
This is in response to your correspondence of February 24, 2016, in which you request reconsideration of New York Ruling Letter (NY) N255515, issued to your client, D-Link Systems, Inc., on August 21, 2014. In NY N255515, U.S. Customs and Border Protection (CBP) classified WiFi-enabled D-Link smart plugs and motion sensors. This reconsideration is limited to the WiFi-enabled D-Link motion sensors (model number DCH-S150) at issue in NY N255515, which CBP classified under heading 8543, Harmonized Tariff Schedule of the United States (HTSUS), specifically subheading 8543.70.40, HTSUS (2014) as “[E]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; Flight data recorders; Defrosters and demisters with electric resistors for aircraft.”* No sample was submitted with your reconsideration request.
We have reviewed NY N255515 and have determined that the ruling is incorrect as regards the classification of the subject WiFi-enabled D-Link motion sensor. For the reasons set forth below, we are modifying that portion of NY N255515 pertaining to motion sensors.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI, a notice proposing to modify NY N255515 was published on June 23, 2021, in Volume 55, Number 24 of the Customs Bulletin. No comments were received in response to the proposed action.
FACTS:
The motion sensor at issue in NY N255515 is described as the D-Link WiFi PIR Motion Sensor (model number DCH-S150). The subject sensor is designed as a two-prong plug-in module. It features a Wireless Protected Setup (WPS) button (to connect to the home network) and operates with D-Link Smart Plug model numbers DSP-W110 and DSP-W215. The sensor uses Passive Infrared Sensor (PIR) technology to detect motion within a range of 26 feet by sensing a change in infrared heat. When motion is detected, the unit sends a signal to the user’s phone or device. The sensor does not have an internal alarm. It contains a built-in LED light that indicates when the unit is connected to a network and rapidly flashes to signal when motion is detected. The subject sensor has two printed circuit boards (PCB): a motion detector board with the motion sensor and LED light and a QCA9531 chip for transmitting and receiving wireless signals when motion is detected. When the motion detector board detects motion, it activates the LED light on the motion detector board and transmits a digital message to the QCA9531 chip, which relays the message as a wireless data packet to the user’s mobile device. The article is encased in a plastic housing measuring approximately 2 inches in length by 2 inches in width by 1-½ inches in depth. It is rated for up to 120 Volts (V) and 0.1 Amps (A).
ISSUE:
Whether the instant Wi-Fi enabled motion sensor is properly classified as an electric sound or visual signaling apparatus of heading 8531, HTSUS.
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the General Rules of
Interpretation (GRI). GRI 1 provides that classification is determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. If the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied.
The HTSUS provisions under consideration are as follows:
8531 Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof.
* * *
8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter.
The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). EN 85.31 states:
With the exception of signalling apparatus used on cycles or motor vehicles (heading 85.12) and that for traffic control on roads, railways, etc. (heading 85.30), this heading covers all electrical apparatus used for signalling purposes, whether using sound for the transmission of the signal (bells, buzzers, 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).
Static signs, even if lit electrically (e.g., lamps, lanterns, illuminated panels, etc.) are not regarded as signalling apparatus. They are therefore not covered by this heading but are classified in their own appropriate headings (headings 83.10, 94.05, etc.).
As heading 8543, HTSUS, excludes electrical apparatus that are specified or included elsewhere in chapter 85, the threshold determination is whether the subject sensors are covered by heading 8531, HTSUS.
The subject sensors are electrical apparatus that feature an integrated LED light that flashes rapidly to visually signal when motion is detected. As such, the subject sensors are prima facie classified in heading 8531, HTSUS, as electric visual signaling apparatus. Subheading 8531.10, HTSUS, provides for “burglar or fire alarms and similar apparatus.” The subject sensors are not classified in this provision as they do not perform the function of an alarm apparatus. The subject sensors identify motion via a change in temperature and do not possess an internal alarm. When motion is detected, the LED on the sensor’s motion detection board blinks and a digital message communicating the change in status is transmitted to the sensor’s second PCB (QCA9531 chip), which relays the message as a wireless transmission to the user’s mobile device. The subject sensor’s ability to wirelessly transmit signals to another device may enable it to activate a burglar or fire alarm or similar apparatus, but this capability does not constitute the function of an alarm apparatus of subheading 8531.10, HTSUS, on its own. The subject motion sensors are therefore properly classified in subheading 8531.80.90, HTSUS, which provides for “[E]lectric sound or visual signaling apparatus...: Other apparatus: Other.” See NY N264715, dated June 5, 2015 and NY N271651, dated January 12, 2016 (classifying door/window and motion sensors that trigger LED illumination under heading 8531, HTSUS).
On the basis of the foregoing, NY N255515 is modified as regards the classification
of the D-Link Wi-Fi PIR Motion Sensor (model number DCH-S150).
HOLDING:
By application of GRIs 1 and 6, the subject D-Link Wi-Fi PIR Motion Sensor (model
number DCH-S150) at issue in NY N255515 is classified under heading 8531, HTSUS, specifically under subheading 8531.80.90, HTSUS, which provides for “[E]lectric sound or visual signaling apparatus...: Other apparatus: Other.” The applicable rate of duty is free. 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 the internet at www.usitc.gov.
EFFECT ON OTHER RULINGS:
NY N255515, dated August 21, 2014, is hereby MODIFIED.
In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.
Sincerely,
Craig T. Clark, Director
Commercial and Trade Facilitation Division