The tariff classification of a control device from Mexico.

N266437 August 6, 2015 CLA-2-85:OT:RR:NC:1:120 CATEGORY: Classification TARIFF NO.: 8537.10.9060 Mr. Rafael Hernandez Kone Incorporated 700 Central Expressway South Suite 400 Allen, TX 75013 RE: The tariff classification of a control device from Mexico. Dear Mr. Hernandez: In your letter dated July 2, 2015, you requested a tariff classification ruling. The merchandise under consideration is identified in your submission as a logic control enclosure (LCE) elevator control and electrification system. From the information provided, the LCE cabinet contains numerous components that control an elevator system, including a PC board, power supply, user interface, signalization, and electrification system of an elevator. You state that the PC board is the main controller of the elevator which includes its doors, landing, and positioning of the car’s movement within the shaft. The system also contains ancillary components that include switches, relays, fuses and connectors and is rated at less than 1,000 volts. Note 4 to Section XVI, Harmonized Tariff Schedule of the United States (HTSUS), states in pertinent part: “where a machine consists of individual components, intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function.” In the opinion of this office, the clearly defined function of the LCE elevator control and electrification system is in the control of the elevator. As such, we disagree with your suggested classification under subheading 8431.31.0060, HTSUS, which provides for parts of passenger or freight elevators. The applicable subheading for the LCE elevator control and electrification system will be 8537.10.9060, HTSUS, which provides for “Boards, panels, consoles…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: 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 Karl Moosbrugger at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division