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

Mr. Chad C. Schulz
Menard, Inc.
5101 Menard Drive
Eau Claire, WI 54703

RE: The tariff classification of electrical devices from China.

Dear Schulz:

In your original letter dated February 21, 2011, you requested a tariff classification ruling.

The merchandise under consideration consists of five wireless electrical devices identified as the Wireless Wall Switch and Plug-in (363-4063), Remote Switch Set (363-5910), Motion Light Socket Control (363-5907), Motion Receptacle Set (363-5904) and Add-A-Switch Socket Set (363-5912). These wireless devices utilize radio frequency (RF) signals to control home electronic devices, lighting and other household appliances. Samples of all items were received by this office on April 4, 2011 and will be returned to you.

The Wireless Wall Switch and Plug-in is a switched outlet and a singled toggle switch packaged together in a plastic blister pack. The switched outlet consists of a plastic housing that measures approximately 2½ inches wide by 3 inches tall and is 1¼ inches deep. It contains a two prong polarized socket on the face and a two prong polarized plug on the back. Within the outlet is an RF receiver to accept signals from the wireless wall switch, which consists of a plastic housing measuring approximately 3 inches wide by 4¾ inches tall and is 1 inch deep. The wall switch is a battery powered wireless RF transmitter that resembles a typical on/off light switch and can be mounted anywhere within 100 feet of the receptacle. It is designed to plug into an existing household receptacle and control the receptacle from a remote location without installing wiring.

The Remote Switch Set consists of an electronic dimmer/switch and a handheld RF remote control packaged together in a plastic blister pack. The dimmer/switch is a hardwired device that replaces a standard in wall light switch with a decora style electronic on/off dimmer/switch. This switch consists of plastic housing containing two printed circuit boards (PCBs) with active and passive components necessary to function as an electronic dimmer/switch and RF receiver. On the face of the switch are the light dimmer controls and a power disconnect switch. The remote control is a plastic hand held battery powered wireless RF transmitter with push-buttons. It is used to remotely control all function of the light switch. This in wall switch is rated for 300 Watts (W) at 120 Volts (V).

The Motion Light Socket Control consists of two lamp-holders and an integrated wireless motion sensor packaged together in a single box. The lamp-holders are cylindrical plastic housings measuring approximately 3½ inches in diameter and 4 inches in overall length. The lamp-holders feature an Edison screw-in base on the back and an Edison base lamp socket in the front for accepting incandescent lamps of up to 150 W. The lamp-holders are designed for installation into outdoor floodlight fixtures between the lamp sockets and lamps/light bulbs. Within the lamp-holder housing is an integrated RF receiver, which receives commands from the included motion sensor. The motion sensor is an outdoor plastic housing measuring approximately 3 inches wide by 3 inches tall and is 2½ inches deep. The motion sensor is a battery powered wireless RF transmitter with mounting bracket for mounting anywhere within 100 feet of the lamp-holders. The Motion Light Socket Control makes any outdoor floodlight fixture motion activated without installing any wires.

The Motion Receptacle Set consists of a duplex receptacle and a motion sensor packaged together in a plastic blister pack. The duplex receptacle is a hard wired in wall receptacle rated for 15 A at 120 V. It is a decora style three prong polarized receptacle with an integrated RF receiver designed to replace a standard duplex receptacle. This motion sensor is an indoor sensor made of plastic measuring approximately 3 inches wide by 3½ inches tall and is ¾ of an inch deep. The motion sensor is a battery powered wireless RF transmitter with a mounting bracket for mounting the sensor anywhere within 100 feet of the receptacle creating a motion activated receptacle which can control interior lighting or other electrical appliance.

The Add-A-Switch Socket Set consists of a lamp-holder and wall dimmer/switch packaged together in a plastic blister pack. The lamp-holder is a cylindrical plastic housing measuring approximately 3½ inches in diameter and 4 inches in overall length. The lamp-holder features an Edison screw-in base on the back and an Edison base lamp socket in the front for accepting incandescent lamps of up to 150 W. This lamp-holder is designed for installation into any standard lamp socket between the light fixture and its lamp/light bulb. Within the lamp-holder housing is an integrated RF receiver, which receives commands from the wall dimmer/switch. This wall dimmer/switch is a battery powered wireless RF transmitter in the form of a standard decora style in wall light switch and plate with overall measurements of 3¾ inches wide by 4½ inches tall and ? of an inch deep. The wall dimmer/switch may be mounted onto any flat surface within 100 feet of the lamp-holder to activate the lamp-holder wirelessly without installing any wires.

The applicable subheading for the Remote Switch Set (363-5910) 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 a voltage not exceeding 1000 V: Other switches: Other: Electronic AC switches consisting of…electronic switches…of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps.” The general rate of duty will be free.

The applicable subheading for the Motion Light Socket Control (363-5907) and the Add-A-Switch Socket Set (363-5912) will be 8536.61.0000, 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, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes) for a voltage not exceeding 1,000 V…: Lamp-holders, plugs and sockets: Lamp-holders.” The general rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the Wireless Wall Switch and Plug-in (363-4063) and the Motion Receptacle Set (363-5904) will be 8536.69.8000, 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, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes) for a voltage not exceeding 1,000 V…: Lamp-holders, plugs and sockets: 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