N045860

December 16, 2008

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

CATEGORY: Classification

TARIFF NO.: 8513.10.4000; 8536.50.7000; 8537.10.9070

Ms. Tami Adkins

BAX Global

6300 Air Cargo Rd., Suite 3D

Oklahoma City, OK 73159

RE: The tariff classification of electronic switches from China.

Dear Ms. Adkins:

In your letter dated November 11, 2008, you requested a tariff
classification ruling on behalf of your client, Jasco Products LLC.

The merchandise under consideration consists of several electronic
switches and a portable lantern. Samples of the products were submitted
with your ruling request and are identified as the Brite Beam Utility
Light (Item No. 17601); Wireless Lighting Control Fluorescent Light &
Appliance Module (Item No. 45603); Wireless Lighting Control Lamp Module
(Item No. 45602); Wireless 3-way Dimmer Switch Kit (Item No. 45613);
Wireless Lighting Dimmer Switch (Item No. 45606); Wireless Lighting
Outdoor Module (Item No. 45604); and the Wireless Lighting Control
Duplex Receptacle (Item No. 45605).

The wireless devices utilize Z-Wave technology, which is a wireless
communications standard designed for home automation to remotely control
electronic devices. These wireless devices work with any Z-Wave enabled
remote control (sold separately). This technology utilizes a low-power
RF (radio frequency) signal to control home electronic devices, such as
lighting, home access control, entertainment systems and household
appliances. Z-Wave enabled devices can be added to a Z-Wave network, and
non-Z-Wave devices can be made compatible by adding Z-Wave accessory
modules.

The Brite Beam Utility Light (Item No. 17601) is a handheld, portable,
battery-powered lantern constructed of plastic. This lantern measures
approximately 9 inches long by 5½ inches wide at the lamp-head. Three
inches behind the lamp-head, the lantern housing narrows to a width of
1½ inches for the remainder of the housing, which features a cutout
section at the top forming a handle with sculpted finger grooves and an
On/Off slide switch. The lower section of the housing features a
compartment for four D-Cell type batteries. The lamp-head features a
single incandescent lamp with lens and reflector.

The Wireless Lighting Control Fluorescent Light & Appliance Module (Item
No. 45603) is a plug-in module designed for adding Z-Wave compatibility
to non-Z-Wave devices by simply plugging into a standard wall outlet and
plugging your light or small appliance into one of the two module
sockets. This device measures approximately 4 inches wide by 2½ inches
tall by 1½ inches deep. It consists of a rectangular plastic housing
with two separate 3-prong polarized sockets (one standard AC socket and
one Z-Wave controlled socket), one 3-prong polarized male plug and a
manual override On/Off push-button switch. Within the housing are two
printed circuit boards (PCBs) with active and passive components
creating the electronic switching and Z-Wave receiver. The 45603 is
compatible with fluorescent and incandescent lamps, and is rated for 15
amps (A) at 120 volts (V).

The Wireless Lighting Control Lamp Module (Item No. 45602) is similar to
the 45603 in construction and design; however, this module is only for
incandescent lighting and provides the ability to control brightness
levels of a lamp with the use of a Z-Wave remote control.

The Wireless 3-way Dimmer Switch Kit (Item No. 45613) consists of two
hardwired devices that replace a pair of 3-way standard decorator
design, in wall, electronic On/Off dimmer switches to control a single
lighting circuit from two different locations. Each switch consists of
two PCBs with active and passive components creating the electronic
switching/dimming function and a Z-Wave receiver. Once installed, a
simple tap on the upper portion of either switch pad turns the connected
lighting circuit on. A tap of the lower portion of either switch pad
turns the lighting circuit off. The dimming function is performed by
pressing and holding the upper or lower portion of the switch pads to
brighten or dim the lighting. The 45613 3-way switches are rated for 500
watts (W) at 120 V.

The Wireless Lighting Dimmer Switch (Item No. 45606) is a hardwired
device that replaces a standard decorator design, in wall, electronic
On/Off dimmer switch. The 45606 consists of two PCBs with active and
passive components creating the electronic switching/dimming function
and a Z-Wave receiver. Once installed, a simple tap on the upper portion
of the switch pad turns the connected lighting circuit on. A tap of the
lower portion of the switch pad turns the lighting circuit off. The
dimming function is performed by pressing and holding the upper or lower
portion of the switch panel to brighten or dim the lighting. The 45606
is rated for 500 W at 120 V.

The Wireless Lighting Outdoor Module (Item No. 45604) is similar to the
45603 in construction, design and use; however, this module is
specifically designed with a weather resistant housing for outdoor use
and features a single 3-prong polarized socket on the bottom of the
module with a weatherproof outlet cover and a short cord with a male
plug.

The Wireless Lighting Control Duplex Receptacle (45605) is a hardwired
device that replaces a standard decorator design, in wall, 3-prong
polarized duplex receptacle. This device features a manual override
On/Off push-button switch on the face of the receptacle between the two
3-prong sockets with an LED indicator light. The 45605 consists of the
duplex receptacles connected via common copper bus, push-button switch,
two PCBs with active and passive components creating the electronic
switching and Z-Wave receiver. The 45605 is rated for 15 A at 120 V.

The applicable subheading for the Brite Beam Utility Light (Item No.
17601) will be 8513.10.4000, Harmonized Tariff Schedule of the United
States (HTSUS), which provides for "Portable electric lamps designed to
function by their own source of energy (for example, dry batteries,
storage batteries, magnetos)...: Lamps: Other." The general rate of duty
will be 3.5 percent ad valorem.

The applicable subheading for the 3-way Dimmer Switch Kit (Item No.
45613) and the Wireless Lighting Dimmer Switch (Item No. 45606) will be
8536.50.7000, HTSUS, which provides for "Electrical apparatus for
switching or protecting electrical circuits, or for making connections
to or in electrical circuits...for a voltage not exceeding 1000 V: Other
switches: Other: Electronic AC switches consisting of...electronic
switches...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.

The applicable subheading for the Wireless Lighting Control Fluorescent
Light & Appliance Module (Item No. 45603), Wireless Lighting Control
Lamp Module (Item No. 45602), Wireless Lighting Outdoor Module (Item No.
45604) and the Wireless Lighting Control Duplex Receptacle (Item No.
45605) will be 8537.10.9070, HTSUS, which provides for "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...: For a voltage not exceeding 1,000 V:
Other: Other: Other." The general rate of duty will be 2.7% 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.

Sincerely,

Robert B. Swierupski

Director

National Commodity Specialist Division