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

Mr. Gilbert Walton
Kiddle Fenwal
400 Main Street
Ashland, MA 01721

RE: The tariff classification of a sensor switch from China.

Dear Mr. Walton:

In your letter dated March 8, 2011, you requested a tariff classification and country of origin ruling.

The item under consideration is the Detect-A-Fire sensor switch. A sample of the sensor switch as imported was submitted with your ruling request and will be returned to you.

The Detect-A-Fire sensor switch is imported into the United States as a subassembly, manufactured in China from individual components from various countries. It consists of a metal tube measuring approximately 4 inches in length and has a diameter of ½ inch. The metal tube is soldered onto a ¾ inch threaded metal fitting for mounting into a standard ¾ inch knock-out commonly found on junction boxes. Sealed within the sensor switch are two contact pads mounted onto inner struts made of a lower expanding metal alloy. When the surrounding temperature rises to the switches “set point,” the inner struts trigger, closing the metal contacts, making a connection in an electrical circuit. Four wire leads extend out of the threaded fitting for connecting the switch into a two or four wire electrical system in a normally open (NO) or normally closed (NC) configuration. After importation, the sensor switch is further processed into the finished item, calibrated to a specific set point and tested. As imported, the Detect-A-Fire sensor switch has the essential character of an apparatus for switching in an electrical circuit; it is advanced to the point where it is recognizable and dedicated for such use. Therefore the country of origin is China.

The applicable subheading for the Detect-A-Fire sensor switch will be 8536.50.9056, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V: Other switches: Other: Other: Other.” The general rate of duty will be 2.7 percent 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