CLA-2 CO:R:C:G 086179 CMS
Ms. Rae Fawcett
Northeast Regional Manager
Harper Robinson & Co.
222 E. Redwood St., Ste. 600
Baltimore, MD 21202-3362
RE: NYRL 846026 modified. Temperature Regulating Modules For
Coffee Makers; Thermostats
Dear Ms. Fawcett,
This responds to your December 11, 1989 request on behalf of
Black & Decker (U.S.) Inc., for the reconsideration of NY Ruling
846026 (October 30, 1989) which classified certain parts of Black
& Decker coffee makers. Your request is based on additional
information which you have provided regarding the product. Our
ruling follows.
FACTS:
The merchandise consists of electronic modules designed as
parts for Black and Decker TCM401 and TCM402 thermal carafe
coffee makers. The modules are circuit board assemblies which
contain capacitors, diodes and other electronic components. The
modules control the brew cycle of the coffee makers by (1)
turning on the hot water generator, (2) monitoring the water
temperature, (3) shutting off the hot water generator at a
predetermined temperature and (4) energizing certain LED
indicators such as "Brew", "Auto", and "Timer".
The manufacturer initially advised that the modules also
shut off the carafe warmer as a function of time, two hours after
the unit is turned on. NY Ruling 846026 classified the modules
in subheading 9107.00.40 as time switches with clock or watch
movements, or synchronous motors. The additional information
provided with the request for reconsideration states that the
manufacturer confused this product with another product in that
thermal carafe coffee makers contain no carafe warmer. The
coffee makers brew coffee directly into a thermal carafe which
keeps coffee warm because of the carafe's thermal qualities.
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Although the TCM402 coffee maker incorporates a 24 hour
analog clock/timer for pre-set brewing, the electronic modules
themselves do not contain time switches with clock or watch
movements, or synchronous motors. The modules do contain a time
function control in the form of a capacitor that takes 15 to 50
seconds to fully charge after the hot water generator is shut
off, and then de-energizes the "Brew" LED to indicate the end of
the brew cycle.
The modules use thermistors which are not imported with the
modules to sense the temperature of the water. The thermistors'
resistance is affected by increases in temperature. When the
water temperature reaches 120 degrees centigrade, the voltage
across the thermistor is equal to the reference voltage and a
relay on the module automatically shuts down the coffee maker's
hot water generator.
ISSUE:
Is the electronic module a time switch or is it an apparatus
for controlling a variable of a liquid, namely a thermostat?
LAW AND ANALYSIS:
Heading 9032 specifically describes automatic regulating or
controlling instruments and apparatus. The Explanatory Notes to
Heading 9032, p. 1533 provide that included in this description
are "...[i]nstruments and apparatus for automatically controlling
the flow, level, pressure or other variables of liquids or gases,
or for automatically controlling temperature...". The Notes
provide at p. 1534 that these apparatus essentially consist of:
1. a device for measuring the variable to be
controlled, and
2. a control device for comparing measured value
with desired value, and
3. a starting, stopping or operating device.
Heading 9032 apparatus which consist of these three devices
are classified in Heading 9032 as functional units. (See
Explanatory Notes to Heading 9032, p. 1534). Heading 9032
includes safety control systems which stop the operation of the
apparatus or machine. (See Explanatory Notes, supra).
Of the three above-described devices which Heading 9032
apparatus essentially consist of, the electronic modules under
consideration contain only two devices (i.e. the "control
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device", and the "starting, stopping or operating device"). The
"measuring" device, or sensor (i.e. thermistor) used by the
modules is not imported with the modules. If imported with
thermistors the modules would clearly be classifiable in Heading
9032. Although the modules perform some non-temperature control
functions (e.g. energizing LED indicators), their essential
function is to control water temperature by (1) turning on the
hot water generator, (2) monitoring the water temperature, and
(3) turning off the hot water generator when the water reaches a
predetermined temperature.
Even without the thermistors the modules contain two of the
three devices which Heading 9032 apparatus essentially consist
of, and are dedicated to function as Heading 9032 apparatus. The
modules are incomplete thermostats which have the essential
character of complete Heading 9032 thermostats. Under GRI 2 (a),
the modules are classifiable as complete Heading 9032
thermostats.
The modules are not classifiable in Heading 8537 as control
boards incorporating Heading 9032 apparatus because their
essential function is automatic temperature control; the
Explanatory Notes to Heading 8537, p. 1391, exclude automatic
controlling apparatus of Heading 9032 from Heading 8537.
The modules are classifiable in Heading 8516 as parts of
coffee makers. However, Section XVI Note 1(m) provides that
articles classifiable in Chapter 90 cannot be classified in
Chapter 85. The modules are classified in 9032.10.00.
HOLDING:
Based on the new information provided by the importer, the
electronic modules are classified in 9032.10.00, HTSUSA. This
Ruling supersedes NY Ruling 846026 (October 30, 1989).
Sincerely,
John Durant, Director
Commercial Ruling Division