CLA-2-85:OT:RR:NC:N2:220
David Happe
Giver Alarms
850 E Lime St
Tarpon Springs, FL 34688
RE: The tariff classification of a pushbutton switch from China
Dear Mr. Happe:
In your letter dated March 29, 2024, you requested a tariff classification ruling.
The merchandise under consideration is referred to as the Nurse Call Alarm Cord (pushbutton switch), which is described as an enclosed handheld momentary contact switch that is attached to a 3 m electrical cable and a 6.35 mm mono plug on the other end. The pushbutton switch is said to be universally compatible with most commercial nurse call systems. In use, the pushbutton switch would be connected to a nurse call system that is designed to alert nurses in case of a medical emergency or a need for care. When the pushbutton switch is pressed, the electrical current flows uninterrupted to the nurse call system and triggers an alert to the nursing staff.
The applicable subheading for the Nurse Call Alarm Cord will be 8536.50.9031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…, for a voltage not exceeding 1000V; …: Other switches: Other: other: Push-button: Rated at not over 5A: Momentary contact.” The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8536.50.9031, 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., 9903.88.01, in addition to subheading 8536.50.9031, 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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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