CLA-2 CO:R:C:M 954860 RFA
District Director of Customs
605 W. Fourth Avenue
Anchorage, Alaska 99501
RE: Protest No. 3196-92-100142; digital temperature sensor
module; eo nomine; thermometer
Dear District Director:
The following is our decision regarding the request for
further review of Protest No. 3196-92-100142, which concerns the
classification of digital temperature sensor modules from Japan
under the Harmonized Tariff Schedule of the United States
(HTSUS). The entry of the subject merchandise was liquidated on
October 16, 1992. The protest was timely filed on October 29,
1992.
FACTS:
The digital temperature sensor module consists of a high
precision thermistor (solid state thermal sensor) and an LCD
display. The display is powered by a 1.5 volt battery (not
included) and calibrated to display a temperature range of from
25 to 104.9 degrees Celsius.
The merchandise was entered under subheading 8541.10.00,
HTSUS, as diodes. Customs in Anchorage, Alaska, issued a CF 29
and reclassified the merchandise as electrical articles for
making and breaking electrical connections, etc. under subheading
8535.90.00, HTSUS. The protestant then claimed classification
should be under subheading 8531.80.00, HTSUS, as visual
signalling apparatus. The entry was liquidated under subheading
8535.90.00, HTSUS.
Classification of the merchandise under subheading
9025.19.80, HTSUS, as hydrometers and similar floating
instruments, thermometers, pyrometers, barometers, hygrometers
and psychrometers, and under subheading 9027.50.40, HTSUS, as
instruments and apparatus for physical or chemical analysis, are
also under consideration.
The subheadings under consideration are as follows:
8541.10.00: Diodes, transistors, and similar
semiconductor devices. . . : Diodes, other
than photosensitive or light-emitting diodes
. . . .
Goods classifiable under this provision have a general,
column one free rate of duty.
8531.80.00 Electric sound or visual signalling apparatus
(for example, bells, sirens, indicator
panels, burglar or fire alarms), other than
those of heading 8512 or 8530. . . : Other
apparatus. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 2.7 percent ad valorem.
8535.90.00 Electric apparatus for switching or
protecting electrical circuits, or for making
connections to or in electrical circuits. . .
for a voltage exceeding 1,000 V:[o]ther. . .
Goods classifiable under this provision have a general,
column one rate of duty of 5.3 percent ad valorem.
9027.50.40 Instruments and apparatus for physical or
chemical analysis. . .: Other instruments and
apparatus using optical radiations. . .:
Electrical: Other. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 4.9 percent ad valorem.
9025.19.80 Hydrometers and similar floating instruments,
thermometers, pyrometers, barometers. . . :
Thermometers and pyrometers, not combined
with other instruments: Other: Other. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 5.0 percent ad valorem.
ISSUE:
Whether the digital temperature sensor is classifiable as a
visual signaling apparatus, or as a non-liquid-filled thermometer
under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
The protestant argues that the merchandise is specifically
described under heading 8531, HTSUS, as visual signalling
apparatus. Section XVI, note 1(m) states that this section does
not cover articles of chapter 90. Therefore, if the digital
temperature sensor module is provided for in chapter 90, then it
is precluded from being classified under chapter 85.
According to the information provided, the digital
temperature sensor module is designed to measure and display
temperature. It is a non-liquid filled thermometer.
Thermometers are provided for eo nomine under heading 9025,
HTSUS. Therefore, the digital temperature sensor module is
classifiable under subheading 9025.19.80, HTSUS, as other
thermometers, not liquid-filled. By application of Section XVI,
note 1(m), the merchandise is precluded from classification under
chapter 85.
HOLDING:
The digital temperature sensor module is classifiable under
subheading 9025.19.80, HTSUS, as other thermometers, not liquid-
filled. You should deny the protest, except to the extent
reclassification of the merchandise as indicated above results in
a partial allowance.
In accordance with Section 3A(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject: Revised Protest
Directive, this decision, together with the Customs Form 19,
should be mailed by your office to the protestant no later than
60 days from the date of this letter. Any reliquidation of the
entry in accordance with the decision must be accomplished prior
to mailing of the decision. Sixty days from the date of the
decision the Office of Regulations and Rulings will take steps to
make the decision available to Customs personnel via the Customs
Rulings Module in ACS and the public via the Diskette
Subscription Service, Lexis, Freedom of Information Act and other
public access channels.
Sincerely,
John Durant, Director