CLA-2-85:OT:RR:NC:N1:108

Mr. David Freston
Control4
11734 South Election Road
Draper, UT 84020

RE: The tariff classification of a wireless control keypad dimmer from China

Dear Mr. Freston:

In your letter dated October 21, 2013, you requested a tariff classification ruling. The submitted sample is being returned.

The merchandise under consideration is referred to as the “wireless keypad dimmer,” which is part of the ZigBee home system. This device has several control buttons that wirelessly controls machines through a radio frequency. Moreover, this control pad, which operates at 2.4 GHz in the ISM band, can be programmed to control lights, televisions, and other wireless devices such as thermostats.

In your request you suggested classification be in subheading 8537.10.9070, Harmonized Tariff Schedule of the United States (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, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other: Other: Other. However, this merchandise transmits signals to the controller and does not principally function to control and distribute electricity. Therefore, classification in subheading 8537.10.9070, HTSUS, is not applicable.

The applicable subheading for the wireless dimmer keypad will be 8526.92.5000, Harmonized HTSUS, which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus: Other. The rate of duty will be 4.9 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 Lisa Cariello at (646) 733-3014.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division