The tariff classification of a passive infrared (PIR) sensor switch from China

N299876 August 24, 2018 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8536.50.7000 Eric Kerscher Lighting Products 1213 Etna Parkway Pataskala, OH 43062 RE: The tariff classification of a passive infrared (PIR) sensor switch from China Dear Mr. Kerscher: In your letter dated August 8, 2018 you requested a tariff classification ruling. The merchandise under consideration is identified as the PIR Ceiling Mount Occupancy Sensor, (PIR Sensor), which is described as a plastic housing containing a PIR sensor, internal power supply, and internal circuits containing a switching relay. Based upon the specifications provided, the subject PIR Sensor operates on a dual voltage of 120/277 VAC or 24/48 VDC and is connected directly to the electrical supply as well as the lights that are being controlled. In use, the PIR Sensor uses passive infrared detection to monitor a room for occupancy through a segmented Fresnel lens. The lens divides the field-of-view into a sensor zone and when the sensor detects motion, it switches the connected lighting loads on through a self-contained relay. The lights will remain on as long as there is an occupant moving through the sensor zones. The applicable subheading for the PIR Ceiling Mount Occupancy Sensor will be 8536.50.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits…, other switches:…, other:, electronic AC switches consisting of optically coupled input and output circuits…, electronic switches, including temperature protected switches, consisting of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps. The rate of duty will be Free. Effective August 23, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. For additional information see “Notice of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (August 16, 2018, 83 F.R. 40823). Products of China that are provided for in subheading 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.02. Products of China classified under subheading 8536.50.7000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8536.50.7000, HTSUS, listed above. 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 https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division