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NY L88681




December 1, 2005

CLA-2-85:RR:NC:N1:112 L88681

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.90.9000

Mike Daly
Livingston International Trade Services, Inc. 100 Walnut Street
Champlain, NY 12919-5322

RE: The tariff classification of a motion detector from China

Dear Mr. Daly,

In your letter dated October 24, 2005, you requested a tariff classification ruling on behalf of Paradox Security Systems of Saint-Eustache, Quebec.

The item concerned is the Paradox Pro Plus 476+ Motion Detector. It is a rectangular object, measuring 3 ½” in length X 2 ¾” in width, enclosed in hard plastic with a soft plastic, window-shaped portion in its front. The front of the detector is curved forward in a half-circle from its back portion.

You state that the purpose of the detector is to act as part of a burglar alarm system when connected to the system’s main control. The detector senses changes in temperature when something moves within its sensing area, flashes an incorporated LED light and sends a signal to alert the system that a temperature change has been detected.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. Heading 8531 covers “Electric sound or visual signaling apparatus ... ; parts thereof”.

General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the Paradox Pro Plus 476+ Motion Detector will be 8531.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric sound or visual signaling apparatus ... ; parts thereof: Parts: Other: Other”. The rate of duty will be 1.3%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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