The tariff classification of an “Evacucheck” room status indicator from Canada

N247275 November 18, 2013 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980, 7326.90.8588 Mr. Robert Bray Link+ Corp. 691A Brookdale Avenue Cornwall, Ontario, Canada K6J 5C6 RE: The tariff classification of an “Evacucheck” room status indicator from Canada Dear Mr. Bray: In your letter dated October 1, 2013, you requested a tariff classification ruling on behalf of your client, Evacucheck by Encore Safety, Inc. A sample was provided and is being returned to you. The item you refer to as the “Evacucheck Room Verification System” is a device that functions as a visual indicator that a room has been searched for occupants during an emergency evacuation. It is used in buildings such as nursing homes, schools, hospitals, offices and apartments. The Evacucheck indicator is designed to be mounted onto a door and used to indicate whether a room has been searched and verified as empty, thus avoiding duplication of effort during security rounds and searches. It consists of two molded ABS (acrylonitrile butadiene styrene) plastic plates, one with an integral plastic hinge, secured with an aluminum hinge pin and a stainless steel spring. The spring keeps the two plates folded together in a closed position during normal conditions. During an emergency, after the room has been searched, the device is unfolded and strong ceramic magnets secure the top plate onto the adjacent door frame to hold the device open. A separately available metal contact plate is used with the indicator device when the door frames are not made of metal. When the device is in the open position, it reveals a yellow retro-reflective tape that is visible even in dark or smoky conditions. The reflective surface may be customized with room numbers and exit direction arrows appropriate for the individual facility. The device is designed so that if the door has been opened more than one inch, the hinge springs back into the closed position, indicating that the room needs additional verification. In your letter, you suggest classification in subheading 3925.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for builders’ ware of plastics, not elsewhere specified or included, other. The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification of goods shall be determined according to the terms of the headings and any relative section or chapter notes. Legal Note 11 to Chapter 39 states that heading 3925 applies to only a select list of named articles, including doors, windows, balconies, fencing, shutters, and permanently mounted fittings such as handles, brackets, switch plates and other protective plates. The Evacucheck is not similar to the fittings and mountings described as builders’ ware. It is an accessory device used to convey information by means of its position, but does not act as a protective plate in the same manner as a switch plate cover. The applicable subheading for the Evacucheck room status indicator will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The general rate of duty will be 5.3 percent ad valorem. The applicable subheading for the steel contact plate will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The general rate of duty will be 2.9 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 Joan Mazzola at (646) 733-3023. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division