The tariff classification of a control device from China

N250980 March 31, 2014 CLA-2-85:OT:RR:NC:N1:110 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 control device from China Dear Mr. Freston: In your letter dated February 24, 2014, you requested a tariff classification ruling. The sample is being returned. The merchandise under consideration is referred to as the Wireless Outlet Dimmer, Model number LOZ-5D1 a component of a home automation system. The Wireless Outlet Dimmer consists of plastic housing measuring approximately 4½ inches wide by 1½ inch tall by 2½ inches deep. The device contains two LED indicator lamps and a push-button switch on the top, two 3-prong sockets on the bottom, and a 3-prong plug on the back designed for plugging into an existing receptacle. Inside the housing there is a printed circuit board (PCB) populated with active and passive components necessary to function as an electronic dimmer and a radio frequency (RF) receiver. The device receives its signal from the Control4 Controller (the “brain” of the Control4 system) via a RF communication to adjust the intensity level of the attached lighting load. It can be controlled via the automation system to enable remote control of the load attached to this device. It is stated that this device does not contain a potentiometer, nor is it incorporated with electrical relays but does contain a TRIAC used to adjust the intensity level of the attached load. 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 wireless outlet dimmer is more specifically provided for elsewhere in the tariff. The applicable subheading for the Wireless Outlet Dimmer, Model number LOZ-5D1 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 [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division