The tariff classification of a motion detector from China

NY L89898 February 14, 2006 CLA-2-85:RR:NC:N1:112 L89898 CATEGORY: Classification TARIFF NO.: 8543.89.4000 Stacy Bauman American Shipping Company, Inc. 140 Sylvan Avenue Englewood Cliffs, NJ 07632-2514 RE: The tariff classification of a motion detector from China Dear Ms. Bauman, In your letter dated January 12, 2006, you requested a tariff classification ruling on behalf of Dr. Leonards Healthcare Corporation of Edison, New Jersey. The item concerned is the Amazing Detector. It is a hard plastic, miniature replica of a floor-standing television camera measuring approximately 7” in height X 5 ¼” in camera-width. Included with the Detector are two mounting screws and two screw mounts. The purpose of the item is to simulate a security camera. A sensor within the camera activates a small light and fifteen-second tracking movement of the mounted camera when any motion is detected in front of the camera lens. Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. Heading 8543 provides for “Electrical ... apparatus, having individual functions, not specified elsewhere ... “. General Note 3. (h) (vi) to the HTS states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”. The applicable subheading for the Amazing Detector will be 8543.89.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical ... apparatus, having individual functions, not specified elsewhere ... : Other ... apparatus: Other: Electric ... transducers ... ”. The rate of duty will be 2.6%. There are no quota or visa restrictions on this item. 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, National Commodity Specialist Division