HQ 950835
APRIL 9 1992
CLA-2:CO:R:C:M 950835 JAS
Ms. Elaine Jacoby
Miles & Joffroy
1185 Avenida Costa Este, Suite 1600
Otay Mesa, California 92073
RE: Automatic Rain Shutoff Device; Interrupter Mechanism for
Sprinkler System Controller; Electric Signal Inhibiter;
Automatic Controlling Apparatus; Apparatus for Electric
Control; Headings 8536, 8537, 9032; Pre-entry
Classification Ruling 856861 Modified
Dear Ms. Jacoby:
In a letter to the Customs office at San Ysidro, California,
dated September 30, 1991, on behalf of Rain Bird (Hyson
Industries), you ask for reconsideration of a pre-classification
ruling on the RS-1 Automatic Rain Shutoff, a device used with
automatic sprinkler systems. Descriptive literature was
submitted.
In pre-entry classification ruling 856861, dated November
15, 1990, the District Director of Customs at San Diego advised
Rain Bird that the automatic rain shutoff was classifiable in
subheading 9107.00.80, Harmonized Tariff Schedule of the United
States (HTSUS), a provision for time switches with clock or watch
movement or with synchronous motor. You disagree with this
classification and suggest that heading 9032, a provision for
automatic regulating or controlling instruments and apparatus, is
more appropriate.
FACTS:
The RS-1 Automatic Rain Shutoff is a water conservation
device that functions to interrupt the preset time instructions
of a lawn sprinkler system to prevent the sprinkler from turning
on when it rains. The device incorporates a rain collector pan
and plastic housing for fuses, relays and wiring. The wiring is
spliced to the wires running from the system's timing mechanism
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to each sprinkler valve. As precipitation begins, the rain pan
fills with water. When a preset water level is reached, two
sensors in the housing come into contact with the water. This
causes current to jump from one sensor to the other and initiates
a signal that interrupts the flow of electricity from the
sprinkler's timer, either turning off the sprinkler or preventing
it from turning on. As the water in the pan evaporates to a
point where it is no longer in contact with the sensors, the
electrical interrupter signal is broken and the sprinkler is
returned to automatic operation via the system's timer.
ISSUE:
Whether the RS-1 Automatic Rain Shutoff is a time switch of
heading 9107, automatic controlling apparatus of heading 9032, or
apparatus for switching or protecting electrical circuits of
heading 8536.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 states in part
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80.
Relevant ENs at p. 1547 indicate that time switches of
heading 9107 are mainly designed to make or break electric
circuits automatically at given times, usually at times
determined according to a previously established daily or weekly
program. Time switches of this heading must have a movement of
the watch of clock type or a synchronous motor with or without
reduction gear. The device in issue does not conform to this
description.
Goods of heading 9032 include, among others, instruments
and apparatus for automatically controlling the flow, level,
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pressure or other variables of liquids or gases. See Chapter 90,
Note 6(a), HTSUS. Relevant ENs at p. 1534 indicate that
apparatus for automatically controlling liquids, gases or
temperature, within the meaning of Note 6(a) to [chapter 90],
consists of a device for measuring the variable to be controlled,
a control device which compares the measured value with the
desired value, and a starting, stopping or operating device. The
merchandise in issue measures the amount of rain in the pan and
compares the measured amount to a preset or desired level.
However, in this case the variable to be controlled is not the
amount of water in the pan but the flow of water from the
sprinkler. For this reason, the RS-1 Automatic Rain Shutoff is
not automatic controlling apparatus of heading 9032.
Relevant ENs at p. 1389 indicate that apparatus for
switching electrical circuits of heading 8536 consists
essentially of devices for making or breaking one or more
circuits in which they are connected. The operation of the
instant device causes electric current to open a relay which
breaks the current from the system's timer to the sprinkler
valves. As water in the pan evaporates the current ceases and
the relay closes. This reestablishes the circuit from the timer.
The instant device functions precisely in the manner of apparatus
of heading 8536.
HOLDING:
Under the authority of GRI 1, the SR-1 Rain Shutoff is
provided for in heading 8536 as electrical apparatus for
switching electrical circuits. Actual classification is in
subheading 8536.50.00, HTSUS, a provision for other switches.
The rate of duty is 5.3 percent ad valorem.
Pre-entry classification ruling 856861 is modified
accordingly.
Sincerely,
John Durant, Director
Commercial Rulings Division