The tariff classification of a controller from China.

N079101 October 14, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Mr. Terrance O’Neill Maersk Customs Services, Inc. 680 Knox Street, Suite 200 Torrance, CA 90502 RE: The tariff classification of a controller from China. Dear Mr. O’Neill: In your letter dated October 2, 2009, you requested a tariff classification ruling on behalf of your client Amscan, Incorporated. The merchandise under consideration is identified as the Fog Machine Remote Timer, Item #19116. A sample of the item was submitted with your ruling request and will be returned to you. The Fog Machine Remote Timer is a hand-held controller designed specifically for use with all FITCO Fog Machines. Upon inspection of the sample, this device consists of a populated printed circuit board with three push-button switches, two single-turn potentiometers and three LED (light emitting diodes) indicator lights mounted within a rectangular plastic housing measuring approximately 2½ inches by 4¾ inches and is 1 inch thick. Permanently attached to the controller is a 10 foot long, three conductor cable with a three-prong plug designed for connecting to a FITCO Fog Machine. The three push-buttons provide manual and automatic control of a fog machine. The two rotary potentiometers provide adjustment to the intervals and duration of fog emitted by the machine. In your letter you suggest classification under 9107.00.40, Harmonized Tariff Schedule of the United States (HTSUS). Classification under heading 9107 requires the presence of a clock or watch movement. As you have stated, the Fog Machine Remote Timer does not contain a clock or watch movement, therefore it is excluded from classification under heading 9107, HTSUS. The applicable subheading for the Fog Machine Remote Timer, Item #19116 will be 8537.10.9070, 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 National Commodity Specialist Division