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NY N020829




January 2, 2008

CLA-2-85:OT:RR:E:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a motion sensor outlet from China.

Dear Mr. Crago:

In your letter dated December 12, 2007, you requested a tariff classification ruling.

The merchandise under consideration is the Wireless Motion Sensor/AC Outlet Control, item number A014GA00850. It is comprised of two items, a wireless motion sensor and an AC socket, packaged together for retail sale.

The wireless motion sensor is powered by a 9-Volt (V) battery and set in a wall-mountable housing that features a wireless transmitter and a “low battery” LED indicator light. The sensor detects motion up to 26 feet with a 110 degree angle range and is capable of transmitting a signal up to 164 feet of open space. In addition to the socket, the AC socket unit features a photocell sensor, flash memory and a 3-prong polarized plug protruding out the back for plugging the unit into a standard 3-prong 120V receptacle. On the face of the device is a 3-prong polarized outlet, on/off push-button switch and an LED indicator light. A three-position slide switch is provided for selecting 5 minute, 30 minute or manual operation. The outlet will automatically turn off in the 5 or 30 minute mode. The AC socket is rated for 120V with a maximum load of 500 Watts (W). In operation, when the motion sensor is triggered, it wirelessly transmits a signal to the AC socket, which activates and powers the electrical appliance plugged into it. The outlet remains on until the pre-selected time interval expires, or until it is manually shut off.

As imported, the Wireless Motion Sensor/AC Outlet Control meets the definition of “goods put up in sets for retail sale.” As per General Rule of Interpretation (GRI) 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The AC socket provides the essential character of this set.

The applicable subheading for the Wireless Motion Sensor/AC Outlet Control, item number A014GA00850 will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consoles, desks, cabinets 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: Other.” 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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