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NY N021989




January 25, 2008

CLA-2-94:OT:RR:E:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

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

RE: The tariff classification of a remote control outlet from China.

Dear Mr. Crago:

In your letter dated January 15, 2008 you requested a tariff classification ruling.

The merchandise under consideration is a Wireless Remote Control Outlet, Item Number A014GA00906. From the information you provided, the wireless remote control outlet is packaged together ready for retail sale with a receiver and a remote control with battery installed. The receiver consists of a rectangular box with two 120 Volt (V) three-prong polarized sockets and a short cord with a three-prong polarized plug. The receiver must be mounted vertically, with the two sockets facing downward, onto a wall within close proximity of a standard duplex wall outlet. A keyhole-shape cut-out is provided on the back of the receiver for mounting. The remote control is a Radio Frequency (RF) unit with two push-button switches and a Light Emitting Diode (LED) indicator light. The remote control functions up to 50 feet from the receiver. The Wireless Remote Control Outlet is used for controlling on/off power for up to two electric appliances with a combined wattage of up to 1625 Watts (W) at 120 V and 13 Amps (A).

The General Rules of Interpretation (GRIs) of the Harmonized Tariff System of the United States (HTSUS) governs the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTSUS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets for retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. The Wireless Remote Control Outlet meets this definition. As per 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 receiver unit provides the essential character of this set.

The applicable subheading for the Wireless Remote Control Outlet, Item Number A014GA00906 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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