The tariff classification of Presence Detectors from Romania

N289139 August 31, 2017 CLA-2-85:OT:RR:NC:N2:120 CATEGORY: Classification TARIFF NO.: 8543.70.9960 Gabriele Kempa-Pennekamp P&K Global Trade Consulting Villbacher Str. 23 Bad Orb, DE 63619 Germany RE: The tariff classification of Presence Detectors from Romania Dear Ms. Kempa-Pennekamp: In your letter dated August 10, 2017 you requested a tariff classification ruling. The merchandise under consideration is identified as Presence Detectors, Item #64700 DT. The Presence Detector is described as a ceiling mounted dual technology occupancy controller that employs passive infrared and ultrasonic detection of people and movement in the room where it is installed. When a space becomes occupied, a control signal is sent to a separate device which controls the power to various building systems such as lighting, HVAC, or other automation devices. A typical application for the Presence Detector is in classrooms, conference rooms, computer or storage rooms, stairwells and restrooms, and offices where automated control of building systems is required. Based on the information provided, the subject devices are capable of being programmed with light dimming options, duration of on and off states, and manual control of connected systems. However, the Presence Detectors send data and control signals to a separate device to fulfill these control functions and from the information provided, there do not appear to be the required apparatus which would warrant classification in heading 8537, Harmonized Tariff Schedule of the United States, (HTSUS). The applicable subheading for the Presence Detector, Item #64700 DT will be 8543.70.9960, HTSUS, which provides for; Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other. The rate of duty will be 2.6 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 https://hts.usitc.gov/current. 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division