CLA-2-85:OT:RR:E:NC:1:110
Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a wireless motion sensor controlled lamp holder from China.
Dear Mr. Crago:
In your letter dated August 25, 2008, you requested a tariff classification ruling.
The merchandise under consideration is a Lamp Holder with Wireless Motion Sensor, Item Number A014GA00852. As imported, this product will be packaged together, ready for retail sale. The lamp holder is an adapter designed for installing between a light bulb and a standard Edison Base lamp socket, creating a lamp controlled by a wireless motion sensor. The lamp holder consists of a plastic housing with a screw in Edison socket and base, a selector switch, photocell sensor and Radio Frequency (RF) receiver. The wireless motion sensor consists of a plastic housing with a swivel wall mount bracket. The motion sensor consists of a passive inferred (PIR) sensor, an RF transmitter and light emitting diode (LED). The wireless sensor is powered by one 9V battery, not included, with an effective motion detection distance of up to 26 feet and 110 degrees.
As imported, the Lamp Holder with 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 combination lamp holder adapter, selector switch and photocell provides the essential character of this set.
The applicable subheading for the Lamp Holder with Wireless Motion Sensor, Item Number A014GA00852, will be 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…: For a voltage not exceeding 1,000 V: 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