CLA-2-85:OT:RR:NC:N1:112
Vicky Wang
Supply Chain Management Manager
Test Rite Products, Corp.
1900 S. Burgundy Place
Ontario, CA 91761
RE: The tariff classification of a fire/safety alerting unit from China
Dear Ms. Wang:
In your letter dated July 17, 2015, you requested a tariff classification ruling.
The merchandise in question is the MAX One Model HD1a – Fire Alarm Activated Alert Signaling with Battery Backup, also known as MAX One. The MAX One measures 7.48 inches in height, 4.72 inches in width, and 2.55 inches in depth. It contains a USB port, and both audio and visual signaling features. Max One listens for an audible alert from a smoke or carbon monoxide detector and then rebroadcasts that signal. The audible alert can be broadcast to other MAX devices throughout the home. The device also contains enhanced audio and visual alerts for hearing impaired and children. The enhanced audio alert includes both a signal at high frequency (3100hz) and low frequency (500hz – 1200hz). The visual alert consists of a light which contains a battery powered flashlight that can be carried in a power emergency. Max One contains a battery which enables it to function as a cell phone or tablet charger via a standard USB port.
It is the opinion of this office that the principal function of this composite machine is performed by the alarm function.
In your submission, you request classification in subheading 8531.10.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for burglar or fire alarms and similar apparatus: Smoke detectors. However, the principal function of this system is that of a smoke and/or carbon monoxide detector which both detects and signals to locations throughout the house, which is specifically provided for in subheading 8531.80.0050, HTSUS.
The applicable subheading for the MAX One Model HD1a – Fire Alarm Activated Alert Signaling with Battery Backup will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus...: Other apparatus: Other”. The rate of duty will be 1.3%.
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 Karl Moosbrugger at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division