Computerized ceiling fan control switch

HQ 085218 November 16, 1989 CLA-2 CO:R:C:G 085218 TLS CATEGORY: Classification TARIFF NO.: 8537.10.00 Mr. Michael O'Neill O'Neill & Whittaker, Inc. 1809 Baltimore Avenue Kansas City, Missouri 64108 RE: Computerized ceiling fan control switch Dear Mr. O'Neill: You request a ruling on the proper classification of a computerized ceiling fan control switch under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated August 15, 1988 has been submitted to this office for a reply. FACTS: The control switch, known as a "Flip-A-Switch", is comprised of a series of relays, a transformer, and an integrated circuit board. These are all housed in a molded plastic case and the connecting electrical wiring. The Flip-A-Switch operates a ceiling fan by turning the fan and lights on and off via a wall switch. The control also dims the lights and controls the speeds of the fan while they are on. These functions can be done only when the switch is in the on position for the lights and/or fan. ISSUE: Is the Flip-A-Switch ceiling fan control switch properly classifiable under the following HTSUSA heading: 8537, HTSUSA, covering boards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control of the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, other than switching apparatus of heading 8517. LAW AND ANALYSIS: The General Rules of Interpretation (GRI) govern the classification of articles under the HTS. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. There is no dispute that the subject article is in fact a control panel. As noted above, it controls the operation of a ceiling fan's entire functions, including turning it on and off, adjusting the brightness level of the lights, and adjusting the rotating speed of the fan. None of the section or chapter notes prohibits classification of this article under heading 8537. Therefore, we find the ceiling fan control switch to be properly classifiable under HTSUSA heading 8537. HOLDING: The "Flip-A-Switch" ceiling fan control switch is classified under subheading 8537.10.00, HTSUSA, as a panel for voltage not exceeding 1,000 V. Sincerely, John Durant, Director Commercial Rulings Division