The tariff classification of photoelectric switches.

NY L82179 January 27, 2005 CLA-2-85:RR:NC:1:110 L82179 CATEGORY: Classification TARIFF NO.: 8536.50.9065 Mr. Michael J. Keegan Schenker, Inc. Philadelphia Branch Alexander Court One, Bay 1-5 850 Calcon Hook Road Sharon Hill, PA 19079 RE: The tariff classification of photoelectric switches. Dear Mr. Keegan: In your letter dated December 28, 2004, on behalf of your client Tyco Electronics you requested a tariff classification ruling. The merchandise under consideration consists of three photoelectric switches. Samples of the three photoelectric switches were submitted with your ruling request. The three photoelectric switches are designed to close a lighting circuit at dusk and open or turn off the circuit at dawn. The first photoelectric switch is designated AT-15. This device is a photo control assembly, encased within a die-cast aluminum weatherproof housing. A ½” threaded nipple is on the base of the casting used for mounting this device onto a junction box or other electrical housing. Three wire leads (one line, load and neutral) extend out of the nipple for connecting to an electrical circuit. The photo sensor activates a thermal switch, thus completing the electrical circuit. This device is rated at 120 Volts, 2000 Watts. The second photoelectric switch is designated AA-105HA. This device is a small photo control assembly, encased within a sealed high-impact UV polycarbonate plastic. A ½” threaded nipple is on the face of this device and encases the photo sensor. This device is designed for mounting inside an electrical and/or fixture housing leaving only the photo sensor exposed to the elements. It is constructed specifically for performing in high ambient temperature situations. Three wire leads (one line, load and neutral) extend out of the back of this device for connecting to an electrical circuit. The photo sensor activates a thermal switch, thus completing the electrical circuit. This device has a 30-45 second minimum delay and is rated at 120 Volts, 15 Amp at 1800 Watts and 9.1 Amp 1100VA ballast. The third photoelectric switch is designated TL-115. This device is a photo control assembly, encased within a sealed weatherproof tubular plastic housing with a photo sensor in one end and an adjustable knuckle at the base, which allows an adjustment of up to 180º. A ½” threaded nipple with a rubber gasket at the end of the knuckle is used for mounting this device onto a lighting fixture, junction box or other electrical housing. Three wire leads (one line, load and neutral) extend out of the nipple of this device for connecting to an electrical circuit. The tubular design of this device allows its use in tight applications between two or more floodlights. The photo sensor activates a thermal switch, thus completing the electrical circuit. This device has a 30-45 second minimum delay and is rated at 120 Volts, 15 Amp at 1800 Watts and 9.1 Amp 1100VA ballast. The applicable subheading for all three photoelectric switches will be 8536.50.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…Other switches: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem. 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 Eileen S. Kaplan at 646-733-3016. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division