CLA-2-85:OT:RR:NC:1:110

Ms. Tami Adkins
BAX Global
6300 Air Cargo Rd., Suite 3D
Oklahoma City, OK 73159

RE: The tariff classification of electronic switches from China.

Dear Ms. Adkins:

In your letter dated November 11, 2008, you requested a tariff classification ruling on behalf of your client, Jasco Products LLC.

The merchandise under consideration consists of several electronic switches and a portable lantern. Samples of the products were submitted with your ruling request and are identified as the Brite Beam Utility Light (Item No. 17601); Wireless Lighting Control Fluorescent Light & Appliance Module (Item No. 45603); Wireless Lighting Control Lamp Module (Item No. 45602); Wireless 3-way Dimmer Switch Kit (Item No. 45613); Wireless Lighting Dimmer Switch (Item No. 45606); Wireless Lighting Outdoor Module (Item No. 45604); and the Wireless Lighting Control Duplex Receptacle (Item No. 45605).

The wireless devices utilize Z-Wave technology, which is a wireless communications standard designed for home automation to remotely control electronic devices. These wireless devices work with any Z-Wave enabled remote control (sold separately). This technology utilizes a low-power RF (radio frequency) signal to control home electronic devices, such as lighting, home access control, entertainment systems and household appliances. Z-Wave enabled devices can be added to a Z-Wave network, and non-Z-Wave devices can be made compatible by adding Z-Wave accessory modules.

The Brite Beam Utility Light (Item No. 17601) is a handheld, portable, battery-powered lantern constructed of plastic. This lantern measures approximately 9 inches long by 5½ inches wide at the lamp-head. Three inches behind the lamp-head, the lantern housing narrows to a width of 1½ inches for the remainder of the housing, which features a cutout section at the top forming a handle with sculpted finger grooves and an On/Off slide switch. The lower section of the housing features a compartment for four D-Cell type batteries. The lamp-head features a single incandescent lamp with lens and reflector.

The Wireless Lighting Control Fluorescent Light & Appliance Module (Item No. 45603) is a plug-in module designed for adding Z-Wave compatibility to non-Z-Wave devices by simply plugging into a standard wall outlet and plugging your light or small appliance into one of the two module sockets. This device measures approximately 4 inches wide by 2½ inches tall by 1½ inches deep. It consists of a rectangular plastic housing with two separate 3-prong polarized sockets (one standard AC socket and one Z-Wave controlled socket), one 3-prong polarized male plug and a manual override On/Off push-button switch. Within the housing are two printed circuit boards (PCBs) with active and passive components creating the electronic switching and Z-Wave receiver. The 45603 is compatible with fluorescent and incandescent lamps, and is rated for 15 amps (A) at 120 volts (V).

The Wireless Lighting Control Lamp Module (Item No. 45602) is similar to the 45603 in construction and design; however, this module is only for incandescent lighting and provides the ability to control brightness levels of a lamp with the use of a Z-Wave remote control.

The Wireless 3-way Dimmer Switch Kit (Item No. 45613) consists of two hardwired devices that replace a pair of 3-way standard decorator design, in wall, electronic On/Off dimmer switches to control a single lighting circuit from two different locations. Each switch consists of two PCBs with active and passive components creating the electronic switching/dimming function and a Z-Wave receiver. Once installed, a simple tap on the upper portion of either switch pad turns the connected lighting circuit on. A tap of the lower portion of either switch pad turns the lighting circuit off. The dimming function is performed by pressing and holding the upper or lower portion of the switch pads to brighten or dim the lighting. The 45613 3-way switches are rated for 500 watts (W) at 120 V.

The Wireless Lighting Dimmer Switch (Item No. 45606) is a hardwired device that replaces a standard decorator design, in wall, electronic On/Off dimmer switch. The 45606 consists of two PCBs with active and passive components creating the electronic switching/dimming function and a Z-Wave receiver. Once installed, a simple tap on the upper portion of the switch pad turns the connected lighting circuit on. A tap of the lower portion of the switch pad turns the lighting circuit off. The dimming function is performed by pressing and holding the upper or lower portion of the switch panel to brighten or dim the lighting. The 45606 is rated for 500 W at 120 V.

The Wireless Lighting Outdoor Module (Item No. 45604) is similar to the 45603 in construction, design and use; however, this module is specifically designed with a weather resistant housing for outdoor use and features a single 3-prong polarized socket on the bottom of the module with a weatherproof outlet cover and a short cord with a male plug.

The Wireless Lighting Control Duplex Receptacle (45605) is a hardwired device that replaces a standard decorator design, in wall, 3-prong polarized duplex receptacle. This device features a manual override On/Off push-button switch on the face of the receptacle between the two 3-prong sockets with an LED indicator light. The 45605 consists of the duplex receptacles connected via common copper bus, push-button switch, two PCBs with active and passive components creating the electronic switching and Z-Wave receiver. The 45605 is rated for 15 A at 120 V.

The applicable subheading for the Brite Beam Utility Light (Item No. 17601) will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)…: Lamps: Other.” The general rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the 3-way Dimmer Switch Kit (Item No. 45613) and the Wireless Lighting Dimmer Switch (Item No. 45606) will be 8536.50.7000, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1000 V: Other switches: Other: Electronic AC switches consisting of…electronic switches…of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps.” The general rate of duty will be free.

The applicable subheading for the Wireless Lighting Control Fluorescent Light & Appliance Module (Item No. 45603), Wireless Lighting Control Lamp Module (Item No. 45602), Wireless Lighting Outdoor Module (Item No. 45604) and the Wireless Lighting Control Duplex Receptacle (Item No. 45605) will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7% ad valorem.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Campanelli at (646) 733-3016.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division