CLA-2-85:OT:RR:NC:N2:220
Barbara Ortiz
Rene Ortiz Villafane Inc.
Centro Internacional Mercadeo
San Juan, PR 00920
RE: The tariff classification of a photoelectric controller from China
Dear Ms. Ortiz:
In your letter dated April 23, 2024, you requested a tariff classification ruling on behalf of your client, LDA Incorporado.
The merchandise under consideration is identified as the 3-Pin Twist Lock Photocell 120V-277V 50/60HZ (photoelectric controller), Model Number AL5659G, which is described as a plastic housing with an internal photocell, terminal block, and relay. The photoelectric controller has a clear polycarbonate window where the photocell receives light conditions for controlling the operation of an electrical circuit while providing surge protection. The photoelectric controller is rated at 10 A.
The applicable subheading for the 3-Pin Twist Lock Photocell 120V-277V 50/60HZ, Model Number AL5659G, will be 8536.50.7000, Harmonized Tariff Schedule of the United States (HTSUS), 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”. The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8536.50.7000, 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., 9903.88.01, in addition to subheading 8536.50.7000, 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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division