CLA-2-85:OT:RR:NC:N1:110
Ms. Pam Reeder
Evans and Wood & Co., Inc.
900 Town and Country, Suite 150
Houston, TX 77024
RE: The tariff classification of a Digital Timer with a Motion Sensor from China
Dear Ms. Reeder:
In your letter dated July 11, 2013, on behalf of Jasco Products Company, you requested a tariff classification ruling. A sample was submitted with your request and will be returned to you.
The merchandise under consideration is described as the “Digital Timer with Motion Sensor”, Items Number 04356/49820. As imported, this product will be packaged together in a retail- ready clamshell packaging.
The Digital Timer is identified as the In-Wall Timer. The item is a programmable timer constructed of plastic housing measuring approximately 2.75 inches high by 1.5 inches wide by 1.75 inches deep with a metal mounting plate. The mounting plate measures 4 inches high by 2.25 inches wide. The front of the Timer features push-button switches for programming and an LCD screen for displaying the settings. Based on the programmed settings, the Timer will turn the wired devices on or off.
The Wireless Motion Sensor consists of a plastic housing with a wall mount bracket. The housing measures approximately 3.25 inches high by 2.5 inches wide by 1.5 inches deep. The Motion Sensor consists of a passive inferred (PIR) sensor, an RF transmitter and light emitting diode (LED). The passive infrared sensor sends a radio frequency signal to the timer that sends electrical power to the connected device. The Motion Sensor features a LED indicator light that will light up when the unit detects a motion. The Motion Sensor can be mounted up to 100 feet from the wall switch receiver. The item is powered by three AA batteries, not included. When a motion is detected, a signal is sent to the Timer. The Timer starts to countdown the 5 to 30 minutes programmed settings, after which the electrical circuit will close and the device will be turned off.
You propose classification of item number 04356/49820 under subheading 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric sound or visual signaling apparatus …: Other apparatus: Other". Item number 04356/49820 does not function with sound and therefore is beyond the scope of subheading 8531.80.0050, HTSUS.
The In-Wall Timer with the Wireless Motion Sensor meets the definition of "goods put up in sets for retail sale”. As per General Rule of Interpretation (GRI) 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The In-Wall Timer unit provides the essential character of this set.
The applicable subheading for the In-Wall Timer with a Wireless Motion Sensor, Item Number 04356/49820 will be 8537.10.9060, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” 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 Hope Abada at (646) 733-3016.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division