CLA-2-90:RR:NC:N1:105 J85272
Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111
RE: The tariff classification of a XGW Amazing Waterball Barometer from China
Dear Mr. Stinson:
In your letter dated May 25, 2003, you requested a tariff classification ruling.
The sample is a hollow glass sphere with a spiraling glass spout. The retail box is labeled “Amazing Weatherball.” It includes the tubing and other items needed to partially fill the sphere with colored water. The glass sphere has the symbol for rainy weather on its upper front and for sunny weather on its lower front. It is intended to predict the weather based on its usual connection to barometric pressure. If properly filled, the colored water will rise or fall in the spout proportional to the ambient atmospheric pressure.
While there are obviously smaller and more accurate ways to measure barometric pressure at a similar cost and the item clearly has a decorative aspect, General Harmonized System Explanatory Note I to HS Chapter 90 states that it includes “fancy hygrometers, irrespective of their accuracy (heading 90.25),” noting that “there are certain exceptions to the general rule that the instruments and apparatus of this Chapter are high precision types.” The same principle would appear to also apply to the barometers of 90.25. Also, the barometers of Chapter 90 are excluded from Chapter 70, Glass and Glassware, by its note 1-d.
New York Ruling Letter 875815-102, 7-28-92, classified a very similar item in HTS 9025.
The applicable subheading for your sample will be 9025.80.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electrical barometers, not combined with other instruments. The rate of duty will be 1 percent ad valorem.
The sample is being returned to you in a separate mailing.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the 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 the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division