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NY R04258

June 29, 2006

CLA-2-85:RR:NC:1:110 R04258


TARIFF NO.: 8537.10.9070

Ms. Jessica Boyd
Blackstone International, Ltd.
2018 Lord Baltimore Dr.
Baltimore, MD 21244

RE: The tariff classification of a remote control outlet from China.

Dear Ms. Boyd:

In your letter dated June 21, 2006 you requested a tariff classification ruling.

The merchandise under consideration is the Super Switch. The Super Switch is a RF (Radio Frequency) remote control wall outlet designed to plug into a standard wall receptacle and used for controlling power to various plug in appliances. The Super Switch consists of a plastic housing measuring approximately 6¼ inch tall by 3½ inches wide with a plug protruding out the back. On the face of the Super Switch are three LED (Light Emitting Diode) indicator lights, a standard outlet rated for 110 volts at 8 amps and two push button switches. One push button switch is used to turn power on and off to the entire unit; the other push button switch is used to turn power on and off to the RF receiver within the unit. The Super Switch, which consists of the Super Switch unit, RF remote control and battery, will be imported packaged together as a set.

The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) 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 HTS 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.

From the information you provided, the Super Switch meets the definition of “goods put up in sets for retail sale.” 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 Super Switch unit provides the essential character of this set.

The applicable subheading for the Super Switch will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor 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.


Robert B. Swierupski

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