HQ 085218: Computerized ceiling fan control switch

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 085218

                        November 16, 1989


CLA-2 CO:R:C:G 085218 TLS

CATEGORY: Classification

TARIFF NO.: 8537.10.00

Mr. Michael O'Neill
O'Neill & Whittaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri  64108

RE: Computerized ceiling fan control switch

Dear Mr. O'Neill:

     You request a ruling on the proper classification of a
computerized ceiling fan control switch under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  Your
letter dated August 15, 1988 has been submitted to this office
for a reply.

FACTS:

     The control switch, known as a "Flip-A-Switch", is comprised
of a series of relays, a transformer, and an integrated circuit
board.  These are all housed in a molded plastic case and the
connecting electrical wiring.  The Flip-A-Switch operates a
ceiling fan by turning the fan and lights on and off via a wall
switch.  The control also dims the lights and controls the speeds
of the fan while they are on.  These functions can be done only
when the switch is in the on position for the lights and/or fan.

ISSUE:

     Is the Flip-A-Switch ceiling fan control switch properly
classifiable under the following HTSUSA heading:

8537, HTSUSA, covering boards, panels (including numerical
control panels), consoles, desks, cabinets and other bases,
equipped with two or more apparatus of heading 8535 or 8536, for
electric control of the distribution of electricity, including
those incorporating instruments or apparatus of chapter 90, other
than switching apparatus of heading 8517.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI) govern the
classification of articles under the HTS.  GRI 1 requires that
classification be determined according to the terms of the
headings and any relative section or chapter notes.  There is no
dispute that the subject article is in fact a control panel.  As
noted above, it controls the operation of a ceiling fan's entire
functions, including turning it on and off, adjusting the
brightness level of the lights, and adjusting the rotating speed
of the fan.  None of the section or chapter notes prohibits
classification of this article under heading 8537.  Therefore, we
find the ceiling fan control switch to be properly classifiable
under HTSUSA heading 8537.

HOLDING:

     The "Flip-A-Switch" ceiling fan control switch is classified
under subheading 8537.10.00, HTSUSA, as a panel for voltage not
exceeding 1,000 V.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division