CLA-2-91:RR:NC:MM:114 K81015
Ms. Mary Butterline
Lissglobal, Inc.
7746 Dungan Road
Philadelphia, PA 19111
RE: The tariff classification of Indoor/Outdoor Digital Photoeye Timer from China
Dear Ms. Butterline:
In your letter dated October 24, 2003, you requested a tariff classification ruling on the Indoor/Outdoor Digital Photoeye Timer from China. A sample of the Indoor/Outdoor Digital Photoeye Timer was submitted with the ruling request.
The submitted item number W14G5229 is identified as the Indoor/Outdoor Digital Photoeye Timer. The Indoor/Outdoor Digital Photoeye Timer is housed in a rectangular shaped black plastic case with a liquid crystal display (LCD) located on the front of the housing. The selector button is located directly below the LCD display. The item measures approximately 4½ inches in height, 2 inches in length and 1½ inches in width. The LCD display measures approximately ¾ inch in height and 1¾ inches in length. The Indoor/Outdoor Digital Photoeye Timer is grounded for use with 3-wire plugs and outlets. The instructions for the Indoor/Outdoor Digital Photoeye Timer directs the user to plug the item into a grounded outlet and to push the selector button to choose the desired function. The functions include no power, constant power on, on at dusk/set off time for one to nine hours, on at dusk/off at dawn, and on immediately/set off time for one to nine hours. You have provided the FOB cost and the FOB value breakdown of the item in your letter. You have indicated that the Indoor/Outdoor Digital Photoeye Timer is valued not over $5 each. The item is packed in a blister display pack, with an insert, ready for retail sale. The insert includes instructions for using the Indoor/Outdoor Digital Photoeye Timer.
You have suggested classification for the Indoor/Outdoor Digital Photoeye Timer under heading 9106, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time-recorders). Heading 9107 provides for time switches with clock or watch movement or with synchronous motor.
The information provided on the insert indicates that the Indoor/Outdoor Digital Photoeye Timer is perfect for holiday, landscape and security lighting. The item is used to turn power on at dusk and off from one to nine hours later, or at dawn. The lights automatically turn on at dusk, and the user sets the time to turn off the lights from 1 hour to dawn. The Indoor/Outdoor Digital Photoeye Timer is more specifically described in heading 9107, which provides for time switches with clock or watch movement or with synchronous motor. Therefore, the Indoor/Outdoor Digital Photoeye Timer is classifiable under heading 9107, HTS.
The applicable subheading for the Indoor/Outdoor Digital Photoeye Timer will be 9107.00.4080, HTS, which provides for time switches with clock or watch movement or with synchronous motor; valued not over $5 each; other. The rate of duty will be 15 cents each plus 4 percent ad valorem plus 2.5 cents per jewel.
The sample is being returned as requested.
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 Barbara Kiefer at 646-733-3019.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division