The tariff classification of a door motion sensor from China

N239284 March 22, 2013 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Ms. Pam Reeder Evans and Wood & Co., Inc. 900 Town and country, Suite 150 Houston, TX 77024 RE: The tariff classification of a door motion sensor from China Dear Ms. Reeder: In your letter dated February 22, 2013, on behalf of your client Jasco Products Company, you requested a tariff classification ruling. A sample was submitted with your request and will be returned. You described the merchandise as the “Door Entry Alert Transmitter with One Outlet Indoor Receiver, Item number 45988/04355”. The merchandise is comprised of two items, a pair of magnetic sensors and a plug-in receiver with an electrical outlet. It is stated that the two items will be imported packaged together in a retail-ready clamshell packaging. The rectangular shaped magnetic sensors are battery operated with a battery cavity on the back. One of the sensor measures approximately 2 ½ inches long by 1 ½ inches wide, and the adjoining sensor measures approximately 1 ½ inches long by ½ inch wide. The trapezoidal shaped AC outlet receiver, measures approximately 4 inches high by 2 ¾ inches wide by 1 ½ inches deep. The outlet receiver contains an AC 3-prong socket, a 3-prong plug and a LED indicator. The magnetic sensors are to be mounted on the door frame adjoining each other. The receiver is plugged into a grounded outlet and a lighting device is than plugged into it. When the door opens, it triggers the magnetic contact to separate the two sensors and the sensor unit transmits a radio frequency signal to the receiver. When the sensors contact is broken, a radio frequency signal will be received by the outlet receiver and the lighting device will automatically turn on for 10 minutes. The instant set, i.e., Door Entry Alert Transmitter with One Outlet Indoor Receiver, Item number 45988/04355 consists of at least two different articles that are, prima facie classifiable in different headings. It consists of articles put up together to carry out a specific activity. Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the items in question are within the term "goods put up in sets for retail sale”. General Rule of Interpretation (GRI) 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is the opinion of this office that the AC outlet receiver imparts the essential character of the set. The applicable subheading for Item number 45988/04355, Door Entry Alert Transmitter with One Outlet Indoor Receiver 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