The tariff classification of a Water Control System from China

N237955 February 26, 2013 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Ms. Nilda P. de Manso Rene Ortiz Villefane, Inc. P.O. Box 9022562 San Juan, Puerto Rico 00902-2562 RE: The tariff classification of a Water Control System from China Dear Ms. de Manso: In your letter dated January 24, 2013, on behalf of your client Water Control and Security Systems, LLC, you requested a tariff classification ruling. A sample was submitted with your letter and will be returned. The merchandise under consideration is a “Water Control System”, Model Number WCSS-2012-A. The system is comprised of various components, a Control Unit, three Detection Units (transmitters), a Portable Remote Controller, six Water Sensors and a Power Adaptor. In addition to that, the system requires a valve to function. The valve is not included and can be purchased separately. The Water Control System utilizes radio frequency technology to switch off a valve automatically when a leakage is detected by any of the water detection sensors. You stated in your letter that the Water Control System is designed to prevent water damage to furniture, rugs, floors, walls, ceilings, electrical circuits etc. The system functions by placing the three Detection Units 100 –150 meters apart. Each Detection Unit has two Water Sensors attached and it is powered by a 9 Volt DC battery. Once the Water Sensor(s) detects a water leak, the Detection Unit transmits a signal to the Control Unit. The valve and any connected appliance are immediately switched off, thus cutting off the water supply and avoiding any potential water damage. The Control Unit contains relays that will cut power to the valve and is powered by the Power Adapter which consists of standard 120Volts AC input and 24 Volts output. The valve will remain closed until a manual reset is performed, which will be accomplished by either utilizing the Portable Remote Controller or with the reset button, located on the side of the control box. Section VXI, Note 4, HTSUS, states “where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, than the whole falls to be classified in the heading appropriate to that function. The Control Unit is clearly constitutes a functional unit of chapter 85. The applicable subheading for the “Water Control System”, Model Number WCSS-2012-A will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: 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 Hope Abada at (646) 733-3016. Sincerely, Thomas J. Russo Director National Commodity Specialist Division