Classification of washing machine rotary switches falls under electrical switching apparatus, not time switches, where no timing mechanism exists.

Mechanically operated rotary control switches used in washing machines were held not to be time switches under Heading 91.07 because they contained no electronics, no clock or watch-like movement, no pendulum and no system for generating periodic time signals. Note 3 of Chapter 91 requires a device capable of determining intervals of time for classification as a time switch with watch movement, and this requirement was not met. The goods were therefore classified as electrical switching apparatus under Heading 8536, in line with the cited precedent on washing machine timers.

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Issues: Whether special type of switches used in washing machines were classifiable under Chapter Heading 8536 as electrical switching apparatus or under Heading 91.07 as time switches with clock or watch movement.

Analysis: The imported goods were mechanically operated rotary control switches used for making and breaking contacts and reversing motor direction. The evidence showed that the devices contained no electronics, no clock or watch-like movement, no pendulum, and no system generating periodic time signals. Note 3 of Chapter 91 requires a system capable of determining intervals of time for classification as a time switch with watch movement, and the impugned goods did not satisfy that requirement. The reasoning was also consistent with the cited precedent dealing with washing machine timers.

Conclusion: The goods were not classifiable under Heading 91.07 and were classifiable under Chapter Heading 8536. The appeals were allowed with consequential relief.

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