The tariff classification of a programmable control device from China

N250692 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 Adaptive Phase Dimmer”, part number C4-APD277. This device is a component of a home automation system. The device incorporates a metal–oxide–semiconductor field-effect transistor (MOSFET), a printed circuit assembly with an off/on switch, eighteen-pin connector and five electrical wires. The MOSFET is used to adjust the intensity level of the wired load of the device. The C4-APD277 remotely controls another device via radio frequency (RF) communication. It can also control the attached lighting devices via phase-cut dimming over the line-voltage wires. The buttons on this device can be used to activate any number of devices that are controlled by the automation system, which will include, adjusting the light levels, turning on the music, locking the door, etc. The C4-APD277 can be controlled via the automation system to enable remote control of the load attached to this device. It is stated that the dimmer does not contain a potentiometer and without the automation controller, it can only control the attached lighting load. The C4-APD277’s power consumption is 550mW. 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 Adaptive Phase Dimmer”, part number C4-APD277 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