The tariff classification of a presence sensor from China

N313154 July 28, 2020 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Classification TARIFF NO.: 8543.70.9960; 9903.88.02 Jon Yormick Phillips Lytle LLP One Cleveland Center Cleveland, OH 44114 RE: The tariff classification of a presence sensor from China Dear Mr. Yormick: In your letter dated July 13, 2020, you requested a tariff classification ruling on behalf of your client, BEA, Inc. The merchandise under consideration is identified as the Bodyguard-T and is described as an overhead presence detector. The unit consists of two infrared light arrays, a control PCB, and an LED indicator all enclosed within a plastic and aluminum cylindrical housing. Additionally, the detector is imported with a power cord and hand-held remote control that serves to program the device. In use, the subject detector is mounted above an automated pedestrian door and emits an infrared beam of light from each light array, creating two fields of detection. One field is used for when the door is in the open position, while the other is for when the door is fully closed. When a person is detected within the infrared field, a signal is sent to the lockout module telling either a closed door to remain closed, or an open door to remain open. The lockout module is not subject to this request. In your request, you suggest that the subject detector is correctly classified under subheading 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the Bodyguard-T will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at: https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china 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 the 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division