The tariff classification of Leeo Smart Alert Nightlight from China

N259588 December 15, 2014 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8531.80.0050 Jimmy Ting Great World Customs Service 218 Littlefield Ave San Francisco, CA 94080 RE: The tariff classification of Leeo Smart Alert Nightlight from China Dear Mr. Ting: In your letter dated November 24, 2014 you requested a tariff classification ruling on behalf of your client, Leeo Inc. The item concerned referred to as the Leeo Smart Alert Nightlight (Leeo). The Leeo is a small round electrical appliance measuring 3.4 inches in diameter by 1.2 inches in depth that plugs directly into a wall outlet. There are three main functions to this device: to monitor and provide notification of existing smoke and carbon monoxide alarms inside the home; to monitor and provide the home’s climate conditions, specifically temperature and humidity; and to serve as a customizable wall outlet nightlight. In order to function, the Leeo requires a specific application (App) to be installed on the user’s smart phone as well as wireless communication network within the household where it is to be installed. The Leeo is equipped with a microphone that is tuned to the frequency of standard smoke and carbon monoxide alarms. In operation, if an audible alarm is activated inside the home, the unit detects the sound and communicates via Wi-Fi to the user’s smart phone notifying them of the event. If the user is unresponsive, secondary alert messages/calls are pushed to the predetermined list of contacts notifying them of the incident. The microphone also allows the user to listen in on the home remotely during an alarm. Additionally, the Leeo is equipped with temperature and humidity sensors. Through the user’s smart phone App, the home’s climate conditions can be monitored and displayed remotely on the phone. The Leeo is not equipped with the ability to change or control the home’s climate. The unit can only display the current climate conditions on the smart phone App and send alerts when predetermined climate parameters are exceeded. Although the nightlight feature is remotely controlled and customizable, we agree with you that this feature is secondary to the alerting functions performed by the Leeo. However, the Leeo does not perform any smoke or carbon monoxide detection and merely responds to existing alarms already installed in the operating area. Thus, the device is primarily administering alert notifications which is supported further by the temperature and humidity reporting. The applicable subheading for the Leeo Smart Alert Nightlight will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus...: Other apparatus: Other”. The rate of duty will be 1.3% 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 Karl Moosbrugger at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division