The tariff classification of a wireless remote control and an outlet from China

N244860 September 3, 2013 CLA-2-85:OT:RR:NC:N1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Jeanette Arciero CVS On-Site Import Client Liaison Barthco International, division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of a wireless remote control and an outlet from China Dear Ms. Arciero: In your letter dated July 30, 2013, you requested a tariff classification ruling. A sample was submitted with your request and will be returned to you. The “Indoor Remote Control”, Item Number 936858 is a set consisting of an outlet/receiver and a wireless transmitter. The set is packaged together in a clear plastic package ready for retail sale. The outlet/receiver unit consists of a white plastic housing measuring approximately 2 inches wide by 3½ inches tall and 1¼ inches deep. The front of the housing features a light emitting diode (LED) power indicator light. The housing contains a printed circuit board with active and passive components, a radio frequency (RF) receiver and an electromechanical relay with contacts. The outlet/receiver unit has a three-prong polarized outlet and a three-prong plug. The battery operated wireless transmitter unit is made of a rectangular shaped plastic housing, measuring approximately 2½ inches tall by 1½ inches wide by 3/4 of an inch deep. The transmitter’s housing features a cavity at the top to allow a keychain to be attached. On the surface of the transmitter there is a LED indicator light and two push-button switches for an on/off control. The Indoor Remote Control functions by having the appliance plugged into the outlet/receiver unit then plugged into the wall. The transmitter unit provides a remote control for turning the power on or off to the appliances for up to 100 feet. The Indoor Remote Control is rated for 125 volts. The General Rules of Interpretation (GRIs) of the Harmonized Tariff System of the United States (HTSUS) governs the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTSUS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), "goods put up in sets for retail sale" refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. The Indoor Remote Control meets this definition. As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The outlet/receiver unit provides the essential character of this set.The applicable subheading for the Indoor Remote Control, Item Number 936858 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, Myles B. Harmon Acting Director National Commodity Specialist Division