CLA-2-85:OT:RR:NC:N2:212
Beth Anderson
B.A. Quality Systems Consulting, LLC.
46492 381st Avenue
Saint Peter, MN 56082
RE: The tariff classification of water detection sensors and power outage detectors from China
Dear Ms. Anderson:
In your letter dated November, 24 2020, you requested a tariff classification ruling on behalf of your client, NextGen RF Design.
There are three items at issue with this request. The first, identified by model number PS-110, is described as a power outage detector. The subject detector is constructed of a plastic housing onto which is attached a standard electrical plug and 15-foot cable. In use, the device is plugged into any standard electrical outlet, while the attached cable is wired into a remote warning device, such as an existing alarm system or other emergency monitoring system. When power to the outlet is interrupted, the detector sends a signal to the alarm system in order to alert the user of a power failure. You state that this device is typically used in homes, computer rooms, or other areas that require power monitoring.
The second item, identified as the w-s-u, is described as an unsupervised water surface sensor. The item is comprised of two electrical contacts within a plastic housing with an attached electrical cable that is meant to be wired into a larger water sensing sytem. In use, the sensor is placed in an area deemed to be at high risk of flooding or other water damage, including computer rooms, document storage areas, or other similar applications. When water enters the sensor area, a conductive bridge is formed, sending an electrical impulse to the control console. The console then alerts the user as to the presence of water.
The third and final item, identified as the w-s-s, is described as a supervised water surface sensor. In form and function, this item is almost identical the the w-s-u, as described above, with the difference being the w-s-s device sends a signal to the control console when water is sensed as well as if the attached cable is severed or inoperable.
The applicable subheading for the PS-110 power outage detector, w-s-u water sensor, and w-s-s water sensor will be 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the 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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division