The tariff classification of a Wireless Radio Frequency Transmitter with Outlets from China

N246690 October 31, 2013 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Ms. Pam Reeder Evans and Wood & Co., Inc. 900 Town and Country, Suite 150 Houston, TX 77024 RE: The tariff classification of a Wireless Radio Frequency Transmitter with Outlets from China Dear Ms. Reeder: In your letter dated September 24, 2013, on behalf of your client Jasco Products Company, you requested a tariff classification ruling. A sample was submitted with your letter and will be returned to you. The merchandise under consideration is a set consisting of a Wireless Battery-Operated Radio Frequency (RF) Transmitter with Two Single Grounded Outlets, Item Number 07479/15435. The set will be packaged together in a clamshell packaging ready for retail sale. The RF transmitter with the two outlets are designed to turn a room light or other device on, based on preset times or by using the manual override on/off button. The two single grounded outlet/receiver units comprised of a white plastic housing measuring approximately 2.75 inches high by 2 inches wide by 1.5 inches deep. The front of the housing features a three-prong plug socket. The outlet/receiver unit also has a three-prong polarized outlet on the back of the housing. The outlet/receiver unit contains a printed circuit board with active and passive components, an RF receiver and an electromechanical relay with contacts. The battery operated wireless RF transmitter unit is made of a rectangular shaped plastic housing that measures approximately 3.25 inches tall by 3 inches wide by 1.25 inches deep. The front of the transmitter consists of a round backlit dial, which has a digital display of settings. The transmitter can be programed by utilizing four buttons located around the backlit dial. The item features a battery compartment on the back that holds three AA batteries. The transmitter also features a keyhole on the back for mounting and a fold out stand for placing it on a flat surface. The transmitter provides remote control for turning the power on or off to the outlet/receivers for up to 80 feet. 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 Battery-Operated Radio Frequency Transmitter with Two Single Grounded Outlets 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 two single grounded outlet/receiver units provide the essential character of this set. The applicable subheading for the Wireless Battery-Operated Radio Frequency Transmitter with Two Single Grounded Outlets, Item Number 07479/15435 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. You also intend to separately import a single grounded receiver/outlet unit (item number is not available at this time). You proposed classification under subheading 8536.69.8000, HTSUS, which provides for "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other: Other." Assuming the item is identical to the receiver/outlet unit mentioned above, the item in itself is beyond the scope of heading 8536, HTSUS. The receiver/outlet unit is comprised of a printed circuit board with active and passive components, an RF receiver and an electromechanical relay with contacts. Therefore, the single grounded receiver/outlet unit meets the definition of heading 8537, HTSUS. The applicable subheading for the separately imported Single Grounded Outlets 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 Hope Abada at (646) 733-3016. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division