CLA-2 CO:R:C:M 089989 DWS
Mr. Gordon W. Larson
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 144
El Paso, TX 79942
RE: TRS TRC Register Cap Assembly; Touch Button Sensor Assembly;
ECR Register Remote Touch Pad Assembly; Electromechanical
Counter Assembly; Generator Module; Generator Register;
EN 85.04(III); EN 90.28(I); EN 90.29(A)
Dear Mr. Larson:
This is in response to your letter of July 23, 1991,
concerning the classification of a TRS TRC register cap assembly,
a touch button sensor assembly, an ECR register remote touch pad
assembly, an electromechanical counter assembly, a generator
module, and a generator register under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).
FACTS:
In its imported condition, the TRS TRC register cap assembly
consists of a magnet wire coil and core mounted by means of a
push-on nut inside a plastic housing (the terminal cap) which is
potted with an epoxy compound. You claim that the article is an
inductor which is used as an accessory to a touchread system
water meter register. It is attached directly to a water meter
register and, by means of inductive coupling, it permits
electronic reading of the meter's totalization of water
consumption.
The touch button sensor assembly is identical to the TRS TRC
register cap assembly except that its plastic housing is not
designed to allow direct attachment to a water meter register.
Instead, it is soldered to an insulated three-conductor
electrical cable in lengths of six, twenty, or fifty feet.
Again, you claim that it is an inductor which is fitted into a
housing and mounted in a location remote to a water meter
register. The cable is connected to the register. By inductive
coupling, the device permits remote electronic reading of the
meter register's totalization of water consumption.
The ECR register remote touch pad assembly is an assembly
consisting of a magnet wire coil and core mounted inside a
plastic housing which is potted with an epoxy compound. It
functions the same as the touch button sensor assembly. The only
difference is that it is already mounted in its final housing and
rather than having an electrical cable attached to it, the
housing is provided with two electrical terminals to which a
cable will be attached at the time of installation in order to
connect it with a register. By means of inductive coupling, it
permits electronic reading of a meter's totalization from a
location remote to the meter.
The electromechanical counter assembly is an odometer
display housed in a plastic package, approximately four inches
square by one inch thick. The odometer display is operated by an
electromechanical solenoid assembly contained within the plastic
package. The item is mounted at some location remote to a
generator register, which is mounted directly on a water meter.
The counter assembly is electrically connected to the generator
register by means of an electrical cable. The generator register
produces a six volt DC pulse after every fixed quantity of water
consumption. This pulse is transmitted by means of the
interconnecting electrical cable to the electromechanical counter
assembly, where by the action of its electromechanical solenoid
assembly, the counter assembly indexes one digit per pulse so the
water meter's totalization can be monitored by visual reading of
its odometer display.
The generator module consists of a plastic frame which is
divided into an upper and lower segment. The lower segment
contains a permanent magnet molded within a plastic holder. The
magnet assembly rotates inside a pair of steel housings to which
is attached a coil of magnet wire. Also included in the lower
segment is a coil spring which is wound by the rotation of the
magnet assembly. The upper segment of the frame contains a
plastic gear train consisting of three reduction gears, the
largest gear being part of an assembly containing a non-reversing
clutch.
The module is a sub-assembly which will become part of a
generator register. The generator register in operation is
mounted directly to a water meter which contains a permanent
magnet assembly which is caused to rotate by the flow of water.
The magnet assembly contained in the lower portion of the
generator module by magnetic coupling is also caused to rotate.
The rotation of the magnetic assembly in the generator module
winds the coil spring. When a predetermined amount of tension is
reached on the spring (which represents the flow of a certain
volume of water), the cam assembly of the gear train releases the
magnet assembly allowing the spring to unwind, which causes the
magnet assembly to rapidly rotate in the opposite direction. The
magnet assembly acts as the armature of a DC generator (dynamo)
and its rapid rotation induces an electrical field in the coil
which is mounted in close proximity to it. The rapid build-up
and decay of this electrical field creates a six volt DC pulse
which is used to feed an EMC counter. The other reduction gears
in the gear train concurrently act to drive an odometer in the
generator register.
The generator register is an assembly consisting of a
generator module and an odometer, encased in a sealed housing.
It will be attached to a water meter. By means of magnetic
coupling, the water meter feeds data, denoting water consumption,
to the generator module incorporated in the register. Attached
to the gear train portion of the module is an odometer which
indicates the amount of water consumption. The housing has two
electrical terminals for use in connecting an electrical cable to
allow an indication of water consumption on an electromechanical
counter assembly mounted at a location remote to the generator
register.
ISSUE:
What is the proper classification of the subject merchandise
under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.
You argue that the TRS TRC register cap assembly, the touch
button sensor assembly, and the ECR register remote touch pad
assembly are classifiable as inductors under subheading
8504.50.00, HTSUSA, which provides for: "[o]ther inductors." In
understanding heading 8504, HTSUSA, the Harmonized Commodity
Description and Coding System Explanatory Notes may be utilized.
The Explanatory Notes, although not dispositive, are to be used
to determine the proper interpretation of the HTSUSA. 54 Fed.
Reg. 35127, 35128 (August 23, 1989). Explanatory Note 85.04(III)
(p.1339), HTSUSA, provides:
(III) INDUCTORS
These consist essentially of a single coil of wire which,
inserted in an AC circuit, limits or prevents by its self-
induction the flow of the AC. They vary from small chokes
used in wireless circuits, instruments, etc., to large coils
often mounted in concrete, used in power circuits (e.g., for
limiting the flow of current in the event of a short
circuit).
It is our opinion that the TRC TRS register cap assembly,
the touch button sensor assembly, and the ECR register remote
touch pad assembly are classifiable as inductors. All three
devices incorporate coils of wire wound on a coil form. They all
use inductive coupling to permit electronic reading of the
meter's totalization of water consumption.
You next claim that the electromechanical counter assembly
is classifiable under subheading 9029.10.80, HTSUSA, which
provides for: "[r]evolution counters, production counters,
taximeters, odometers, pedometers and the like: [o]ther."
Explanatory Note 90.29 (A) (p. 1521), HTSUSA, states that "[t]his
heading includes:
Counters indicating a total number of units of any kind
(revolutions, items, length, etc.), or an amount to be paid.
But the heading excludes totalling devices of a kind falling
in heading 84.73, the gas, liquid or electricity supply or
production meters of heading 90.28, and opisometers or
planimeters of heading 90.17 or 90.31."
Explanatory Note 90.28(I) (p. 1519), HTSUSA, provides, in
part, that:
[s]upply or production meters consist essentially of the
measuring device (turbine, piston, diaphragm, etc.), the
mechanism for regulating the admission of fluid (generally
slide valves), the transmission (endless screw, camshaft,
gears or other systems), and a recorder or an indicator
(pointer or drum type) or both.
You argue that the electromechanical counter assembly is
both an indicating device and part of a totalling device.
Because the above excerpt of Explanatory Note 90.28(I), HTSUSA,
appears in the conjunctive, you claim that, for the item to be
classifiable under heading 9028, HTSUSA, it must have a measuring
device, a regulator, a transmission, and a recorder or an
indicator. We agree with this interpretation. However, we do
not agree with the proposition that the item is part of a
totalling device.
It is our position that the electromechanical counter
assembly is a counting device, not just a part of one. The
counter assembly (odometer) monitors the consumption of water
through the water meter. Therefore, the item is a counting
device specifically provided for in heading 9029, HTSUSA.
Finally, you argue that the generator module and the
generator register are classifiable as parts of water meters
under subheading 9028.90.00, HTSUSA, because they are parts that
are not provided elsewhere in chapters 84, 85, or 90, HTSUSA. It
is our position that, as with the electromechanical counter
assembly, the generator module and the generator register are
specifically provided for as counting devices in heading 9029,
HTSUSA. The ultimate purpose of both devices is to monitor water
consumption through an odometer. True, they are parts of water
meters, but they are specifically provided for in heading 9029,
HTSUSA.
HOLDING:
The TRS TRC register cap assembly, the touch button sensor
cap assembly, and the ECR register remote touch pad assembly are
classifiable under subheading 8504.50.00, HTSUSA, which provides
for: "[o]ther inductors." The general, column one rate of duty
is 3 percent ad valorem. However, if the regulations of the
Generalized System of Preferences are met, then the rate of duty
is free. The electromechanical counter assembly, the generator
module, and the generator register are classifiable under
subheading 9029.10.80, HTSUSA, which provides for: "[r]evolution
counters, production counters, taximeters, odometers, pedometers
and the like: [o]ther." These items are free of duty.
Sincerely,
John Durant, Director
Commercial Rulings Division