CLA-2 CO:R:C:G 085074 AJS
TARIFF NO: 8531.10.00; 9405.40.80
Brenda A. Jacobs, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
1707 L Street, N.W.
Suite 725
Washington, D.C. 20036
RE: Motion Detector Light Kit
Dear Ms. Jacobs:
Your letter of July 7, 1989, on behalf of your client the K
Mart Corporation, requesting a tariff classification under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), has been referred to this office for reply.
FACTS:
The article in question is a "Motion Detector Light Kit",
model 1291. The device is an electrical lighting fixture
consisting of fittings for two floodlights, a mounting bracket
and an infrared sensor contained within a control module. The
infrared sensor automatically turns on the floodlights when it
detects a change in temperature caused by a moving person or
object within an area of 40 feet by 56 feet. The sensor
activated floodlights can be set to illuminate an area for 30
seconds to 15 minutes. The device can also be operated manually
with an on and off switch. It appears that the primary component
material is of other than base metal. Lastly, the spotlights are
not included with the fixture.
ISSUE:
Whether the article in question is classifiable within
heading 9405, HTSUSA, which provides for "[l]amps and lighting
fittings including searchlights and spotlights and parts thereof,
not elsewhere specified or included; . . ."; or within heading
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8531, HTSUSA, which provides for "[e]lectric sound or visual
signalling apparatus (for example, bells, sirens, indicator
panels, burglar or fire alarms), . . . ; parts thereof."
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.
Heading 9405 provides for lamps and lighting fittings.
Explanatory Note (EN) 94.05(I) states that the lamps and lighting
fittings of this heading can be constituted of any material and
use any source of light. This heading covers in particular lamps
for exterior lighting. EN 94.05(I)(1). The article in question
automatically turns on floodlights which illuminate an outdoor
area. Therefore, the article would appear to be described by the
terms of this heading. More specifically, it is provided for in
subheading 9405.40.80, HTSUSA, which covers "[o]ther electric
lamps and lighting fittings."
This conclusion is supported by Ruling Letter HQ 080758, of
June 24, 1988. This ruling dealt with the classification of
"automatic security lights" which are almost identical to the
article in question. In this case, Customs ruled that automatic
security lights did not qualify as signalling apparatus but
instead were classifiable as illuminating articles. This ruling
was based on the rationale of Oxford International Corporation v.
United States, 75 Cust. Ct. 58, C.D. 4608 (1975). Oxford defined
the scope of signalling apparatus as encompassing only those
devices whose function is to call attention to temporary or
abnormal conditions. While HQ 080758 dealt with classification
under the Tariff Schedule of the United States (TSUS), the
provision claimed by the importer in that instance is virtually
identical to the HTSUSA provision which you claim is controlling
in this instance.
You claim that the article in question is a type of "visual
signalling burglar alarm" which is classifiable within heading
8531. Your conclusion is based on the ENs for heading 8531 which
state that this heading "covers all electric apparatus used for
signalling purposes, whether using sound for the transmission of
the signal (bells, hooters, etc.) or using visual indication
(lamps, flaps, illuminated numbers, etc.), and whether operated
by hand (e.g. door bells) or automatically (e.g., burglar
alarms). While the article in question uses lamps for visual
indication and operates automatically, it does not properly
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signal because its function is not to call attention to temporary
or abnormal conditions. Instead, it functions to illuminate an
outdoor area. The result of this illumination is to provide
lighting for the homeowner, guests, or anyone else who
approaches the area. The illumination is steady and does not
blink or do anything, other than illuminate. The fact that the
article in question also can be used for security purposes does
not negate the convenience and safety uses of the item.
In conclusion, the article in question is an electric lamp
and lighting fitting within the meaning of heading 9405. It
cannot be classified as an electrical visual signalling apparatus
because it does not call attention to temporary or abnormal
conditions. Instead, it functions merely to automatically
illuminate a given area upon the approach of a person who most
likely will be the homeowner, guest, or some one else legally
entitled to be on the premises.
HOLDING:
The article in question is classifiable within subheading
9405.40.80, HTSUSA, which provides for electric lamp and lighting
fittings of other than base metal. These items are dutiable at
3.9 percent ad valorem. However, if the article is of base metal
then classification is within subheading 9405.40.60, HTSUSA,
dutiable at 7.6 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division