Ms. Pam Reeder
Evans and Wood & Co., Inc.
900 Town and Country, Suite 150
Houston, TX 77024
RE: The tariff classification of a combination motion sensor switch and slide switch from China.
Dear Ms. Reeder:
In your letter dated July 13, 2012, you requested a tariff classification ruling on behalf of your client, Jasco Products Company.
The merchandise under consideration is identified as the Motion Sensing Switch, Item Number 15314. A sample was submitted with your ruling request and will be returned to you.
Based on the information provided, Item Number 15314 is a simple switch assembly consisting of a motion sensor switch and a slide switch. This assembly is encased in an approximately 2¾ inch high rectangular plastic housing that is incorporated into a standard size plastic decorative coverplate. The item is designed to be inserted into a wall junction box replacing the traditional on/off switch. It is pre-wired and comes with plastic end caps and screws.
The top portion of the assembly contains the motion sensor which is protected by a curved translucent plastic lens. When motion is detected, this passive infrared (PIR) sensor operates a logic chip that signals a thyristor AC switch to complete an electric circuit and send power to the light which has been hard wired into the switch. Below the motion sensor switch is a three position slide switch with ON, OFF and AUTO settings. Item Number 15314 is rated 120VAC and 500W max incandescent.
In your letter you suggest classification of the Motion Sensing Switch under subheading 8536.50.7000, 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…) for a voltage not exceeding 1,000 V…: Other switches: Other: Electronic AC switches...”
Although the top portion (motion sensor switch) of the subject merchandise is classifiable under subheading 8536.50.7000, HTSUS, the entire product is not. The integration of the motion sensor switch with a slide switch makes the Motion Sensing Switch a single device, or a simple switch assembly, and clearly beyond the scope of subheading 8536.50.7000, HTSUS.
The applicable subheading for the Motion Sensing Switch, Item Number 15314, will be 8536.50.9065, HTSUS, which provides for: “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches…), 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 Hope Abada at (646) 733-3016.
Thomas J. Russo
National Commodity Specialist Division