CLA-2-90:RR:NC:1:105 D80904
Mr. William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163
RE: The tariff classification of a Tree Water Monitor from China
Dear Mr. Vollmerhausen:
In your letter dated July 16, 1998, you requested a tariff classification
ruling.
The "Santa Sentry Tree Water Monitor" will be used for measuring or
checking the level of water that is contained in tree stands. It consists of two
wires in the body of a tube. When there is water covering the bare wire at the
end of both wires, the water acts as a conductor and the circuit is completed.
When the circuit is complete, it sends a message to the microprocessor that
turns the light off. When the water level goes below the level of the bare
wire, there is no longer water to act as a conductor to complete the circuit.
When this is sensed by the microprocessor, it turns the flashing LED on. When
the water is added again, it will re-establish the complete circuit and the
light is turned off.
The tree water monitor is not an electrical item for the purpose of this
chapter. See Additional U.S. Note 2 for chapter 90 which states, "for the
purpose of this chapter, the term electrical when used in reference to
instruments, appliances, apparatus and machines, refers to those articles the
operation of which depends on an electrical phenomenon which varies according to
the factor to be ascertained."
The applicable subheading for the tree water monitor will be 9026.10.6000,
Harmonized Tariff Schedule of the United States (HTS), which provides for
non-"electrical" instruments and apparatus for measuring or checking the level
of liquids. The rate of duty will be free.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of this ruling or the control number indicated above should be
provided with the entry documents filed at the time this merchandise is
imported. If you have any questions regarding this ruling, contact National
Import Specialist James Sheridan at (212) 466-5669.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division