CLA-2-91:OT:RR:NC:4:414

Mr. Troy D. Crago-Edwards
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of outdoor mechanical photocell timer from China

Dear Mr. Crago-Edwards:

In your letter dated June 15 2010, you requested a tariff classification ruling. A sample of the timer was submitted with the ruling request.

Item number A014GA00907 as shown in your letter is identified as the outdoor mechanical photocell timer. The outdoor mechanical photocell timer automatically turns lights on at dusk and off at dawn. There are multiple timer settings from 2 to 8 hours or from dusk to dawn. The timer is made to be used with 3-slot, GFCI protected outlets only. The timer is UL listed with 1000W capacity, suitable for all weather use. The timer is housed in a black plastic case and packaged in a blister pack ready for retail sale. The outdoor mechanical photocell timer is valued not over $5 each.

The applicable subheading for the outdoor mechanical photocell timer will be 9107.00.4080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time switches with clock or watch movement or with synchronous motor; valued not over $5 each: Other. The rate of duty is 15 cents each plus 4 percent plus 2.5 cents per jewel.

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 Barbara Kiefer at (646) 733-3019.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division