CLA-2 85 RR:NC:N1:112 965737 JPJ
Port Director
U. S. Customs Service
World Trade Bridge IV
715 Bob Bullock Loop
Laredo, TX 78045
RE: Internal Advice; Lithonia Lighting, “dark to light” electronic photo control unit
Dear Port Director:
This is in reply to your memorandum, dated May 2, 2002, (CLA-2 85 RR:NC:N1:112) forwarding a request for internal advice on the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of a “dark to light” electronic photo control unit submitted by the Customs compliance manager for Lithonia Lighting, dated April 15, 2002.
FACTS:
The “dark to light” (DTL) photo control unit contains a DC drive circuit, coil relay, silicon photo sensor, metal oxide varistor (MOV), thermoplastic cap with window, and a brass, three-prong plug. Some DTL units use a cadmium sulfide light sensor instead of a silicon photo sensor.
The DTL photo control unit is an electronic AC switch that uses sunlight as an input and voltage to a light fixture as an output. The unit utilizes transistors and “chip-on-chip” technology. The relay function is electromechanical and produces a “snap action”. Although there is no indication as to the amperage rating, this type of unit does not generally exceed 11 amps.
DTL photo control units are engineered to meet specific electric utility market and end user requirements such as power consumption, time delay features and lamp cycle detection capabilities. Electronic photo controls are typically purchased by electric utilities to maintain and service highway and street lights and conserve power consumption. The units are usually mounted on an outdoor lighting fixture by inserting a three-prong plug into a receptacle on the back of the fixture. Lighting fixtures are switched on and off based on the amount of natural light detected by a photo sensor acting in conjunction with the other electronic devices.
ISSUE:
What is the proper HTSUS classification of a “dark to light” (DTL) photo control unit?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRIs.
Because the DTL photo control unit consists of a switch, a relay, a photo sensor, and other circuitry on a base, two headings are under consideration: 8536 and 8537.
Heading 8536 covers electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits, for a voltage not exceeding 1,000 V. The heading provides examples of such electrical apparatus, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, and junction boxes.
Heading 8537 covers boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517.
To determine the scope of each heading, the Harmonized Commodity Description and Coding System Explanatory Notes (EN) are considered. The Explanatory Notes constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 FR 35127, 35128 (August 23, 1989).
Explanatory Note (EN) (I) to heading 8536 defines “electrical apparatus for switching electrical circuits”, as including, in relevant part, change-over switches and relays. Explanatory Note (EN) (I) (A) explains that the switches of heading 8536 include, in relevant part, electronic AC switches consisting of optically coupled input and output circuits; consisting of a transistor and a logic chip (chip-on-chip technology) for a voltage not exceeding 1,000 volts; and electronical snap-action switches for a current not exceeding 11 amps.
The classification of a photocontrol unit was previously considered at HQ 950286, dated February 11, 1992. The photocontrol unit in that case consisted of a thermal relay switch, a photocell and a metal oxide varistor (MOV) all encased in a plastic housing. The photocontrol unit was described as a light-activated, photoelectric switch used to control lighting. The photosensitive resistor within the unit functioned to automatically turn street lights on and off. In that ruling, and pursuant to GRI 3(b) and EN 85.36, the photocontrol unit was classified at 8536.50.00, HTSUS, which provides for “[e]lectrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V. . . [o]ther switches”.
Similarly, the DTL photo control unit at issue here is an electronic AC switch that is light-activated and used to control lighting. The DTL photo control unit uses sunlight as an input and voltage to a light fixture as an output. The relay function in the unit is electromechanical and produces a “snap action”.
Therefore, in accordance with HQ 950286, the DTL photo control unit is classified in heading 8536, HTSUS. Furthermore, subheading 8536.50.70 specifically includes electromechanical snap-action switches for a current not exceeding 11 amps. Therefore, pursuant to GRI 1, and Explanatory Note (EN) (I) (A), which explains that the switches of heading 8536 include, in relevant part, electronical snap-action switches for a current not exceeding 11 amps, the DTL photo control unit is a kind of switch provided for, eo nominee, in subheading 8536.50.70.
The “dark to light” electronic photo control unit functions as an electromechanical snap-action switch and is classifiable under subheading 8536.50.70, HTS, pursuant to GRI 1. As this switch is within the scope of heading 8536, consideration of heading 8537 is not necessary.
HOLDING:
The “dark to light” electronic photo control unit is classified at GRI 1 in subheading 8536.50.70, which provides for electrical apparatus for switching or protecting electrical circuits…, other switches:…, other:, electronic AC switches consisting of optically coupled input and output circuits…, electronic switches, including temperature protected switches, consisting of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps.
Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Acting Director
Commercial Rulings Division