CLA-2-85:OT:RR:NC:N2:120
R. Brian Burke
Sandler, Travis & Rosenberg, P.A.
551 5th Avenue
Suite 1100
New York, N.Y. 10176
RE: The tariff classification of a sensor switch from Mexico or China.
Dear Mr. Burke: In your letter dated September 18, 2017, you requested a tariff classification ruling on behalf of your client, Lutron Electronics Co., Inc. The merchandise under consideration is referred to as the Maestro Dual Technology Occupancy Sensor Switch, Model MS-A102. This sensor switch contains a passive infrared sensor (PIR), an ultrasonic sensor, a microprocessor, and an electromechanical latching relay, and is designed to operate on a current of 6 amps or less. We would note that you provided specification details for single circuit switches as well as dual circuit switches, while your request only requested a binding classification ruling for Model MS-A102, which is a single circuit switch. As such, this binding ruling pertains only to the single circuit model noted.
In use, this electronic AC sensor switch uses both motion and ambient light as an input, and voltage to a light fixture as an output. Upon receipt of infrared and ultrasonic information from the sensors, the microprocessor generates an electrical impulse that triggers a mechanical “snap action” in the relay which closes or opens an electrical circuit, thereby turning the lights on or off. The sensors operate by triggering initial occupancy using PIR technology, and maintain occupancy using both ultrasonic and PIR technology.
In your request, you suggest that this device be classified under subheading 8536.50.7000, Harmonized Tariff Schedule of the United States (HTSUS), as an electromechanical snap-action switch. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRIs.
Explanatory Note (EN) (I) to heading 8536 defines "electrical apparatus for switching electrical circuits", as including, in relevant part, change-over switches and relays. Explanatory Note (EN) (I) (A) explains that the switches of heading 8536 include, in relevant part, electronic AC switches consisting of optically coupled input and output circuits; consisting of a transistor and a logic chip (chip-on-chip technology) for a voltage not exceeding 1,000 volts; and electronic snap-action switches for a current not exceeding 11 amps.
Therefore, pursuant to GRI 1, and Explanatory Note (EN) (I) (A), which explains that the switches of heading 8536 include, in relevant part, electronic snap-action switches for a current not exceeding 11 amps, the Maestro Dual Technology Occupancy Sensor Switch, Model MS-A102, is a kind of switch provided for, eo nominee, in subheading 8536.50.7000.
The applicable subheading for the Maestro Dual Technology Occupancy Sensor Switch, Model MS-A102 will be 8536.50.7000, HTSUS, which provides for electrical apparatus for switching or protecting electrical circuits…, other switches:…, other:, electronic AC switches consisting of optically coupled input and output circuits…, electronic switches, including temperature protected switches, consisting of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps. The 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 https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division