CLA-2-85:OT:RR:NC:1:110

Ms. Tami Adkins
Schenker, Inc.
6300 Air Cargo Road
Suite 3D
Oklahoma City, OK 73159

RE: The tariff classification of electronic switches from China.

Dear Ms. Adkins:

In your letter dated August 6, 2009, you requested a tariff classification ruling on behalf of your client, Jasco Products LLC.

The merchandise under consideration consists of several models of electronic switches. They are identified as the On/Off Light Switch (Item 45609); the Auxiliary Switch (Item 45610); and the 3-Way On/Off Light Switch Kit (Item 45614). Samples of the switches were submitted with your ruling request.

The On/Off Light Switch (Item 45609) is a hardwired switch in a decora style with terminals for connecting Line, Load, Neutral, Traveler and Ground wires. It is designed to replace a standard on/off, in-wall light switch and can also be used in a 3-way switching circuit (one light and two switches) in order to control a single lighting circuit from two different locations. It consists of two PCBs (printed circuit boards) with two momentary contact push-button switches; passive and active semiconductor components create an electronic switch. Once installed, a simple tap on the upper portion of the switch pad turns the connected lighting circuit on. A tap of the lower portion of the switch pad turns the lighting circuit off. The switching function is performed by an integrated circuit. This electronic switch also incorporates a Z-Wave receiver for accepting commands from any Z-Wave enabled remote control (sold separately). Z-Wave technology is a wireless communications standard designed for home automation to remotely control electronic devices. It utilizes a low-power RF (radio frequency) signal to control home electronic devices, such as lighting circuits and other household supply circuits.

The Auxiliary Switch (Item 45610) is also a hardwired switch in a decora style and is designed to replace a standard in-wall light switch. This switch features terminals for connecting a Traveler, Neutral and Ground wires. It is used in conjunction with an On/Off Light Switch to create a 3-way switching lighting circuit. Like the On/Off Light Switch, it consists of two PCBs with two momentary contact push-button switches, passive and active semiconductor components creating an electronic switch.

The 3-Way On/Off Light Switch Kit (Item 45614) consists of one each of the On/Off Light Switch and the Auxiliary Switch, packaged together for retail sale. Used together, these switches replace a pair of standard decora style, in-wall, 3-way light switches in order to control a single lighting circuit from two different locations.

The applicable subheading for the On/Off Light Switch (Item 45609); the Auxiliary Switch (Item 45610); and the 3-Way On/Off Light Switch Kit (Item 45614) will be 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...” The general rate of duty will be Free.

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