The tariff classification of a programmable control device from China

N250691 March 18, 2014 CLA-2-85:OT:RR:NC:N3:110 CATEGORY: Classification TARIFF NO.: 8537.10.9060 Mr. David Freston Control4 11734 South Election Road, Ste. 200 Salt Lake City, UT 84020 RE: The tariff classification of a programmable control device from China Dear Mr. Freston: In your letter dated February 18, 2014, you requested a tariff classification ruling. The submitted sample is being returned. The merchandise under consideration is referred to as the “Wireless Forward Phase Dimmer”, part number C4-FPD120. This device is a component of a home automation system. The device is comprised of a TRIAC dimmer switch, a printed circuit assembly with eighteen-pin connector, an on/off switch and five electrical wires. The buttons on the C4-FPD120 can be used to activate any number of devices that are controlled by the automation system. The device can remotely control another device via a radio frequency (RF) communication and it can also control the attached lighting devices via phase-out dimming over the line-voltage wires. The dimmer’s function is to dim high-wattage loads such as, chandeliers and large banks of recessed lights. It is stated that the C4-FPD120 does not contain a potentiometer and without the automation controller this device would only be able to control the lighting load wired to it. In your request you suggested classification in subheading 8543.90.8880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Parts: Other: Other: Other.”. However, this programmable dimmer is more specifically provided for elsewhere in the tariff. The applicable subheading for the “Wireless Forward Phase Dimmer”, part number C4-FPD120 will be 8537.10.9060, (HTSUS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division