CLA-2-84:RR:NC:1:104 L82456
Mr. Lawrence M. Friedman
Barnes/Richardson
303 East Wacker Drive, Suite 1100
Chicago, IL 60601
RE: The tariff classification of a moisture sensor board for a clothes dryer from China
Dear Mr. Friedman:
In your letter dated February 2, 2005 on behalf of Elecrtolux Home Products you requested a tariff classification ruling.
A sample, photos and an engineering specification have been provided for a moisture sensor control board for an electric or gas clothes dryer. The main function of the moisture control board is to control a timer in such dryers based on sensor inputs. The board is enabled when the user selects automatic dry on the knobs control. The board keeps the dryer knob from advancing to the end of the cycle until the clothes are dry. Two metal bars act as moisture sensor inputs into the board. When wet clothes brush against these electrically polarized sensor bars, a circuit is completed. However, as the clothes become more dry, they are less conductive. Once the clothes are dry, the control board stops the dryer. The moisture sensor control board is placed on the floor of the dryer, and thus includes no user-operable controls.
You indicate that you believe that HTS 9032 applies. However, contrary to Note 7-b to Chapter 90, your item does not maintain the moisture level of the clothing at a chosen level, stabilized against disturbances, by instructing the dryer to turn on and off as needed to bring it back to the desired value, as a thermostat does with a refrigerator. Rather, it switches off the drier on a one time basis when two metal bars at the bottom of the dryer stop conducting electricity at a certain level, which is approximately related to a low level of water on the clothes that have happened to make contact with them.
You also mentioned heading 8537 as a possible classification. The moisture sensor board, however, does not meet the terms of heading 8537 because it does not contain two or more apparatus of heading 8535 or 8536. It only has one connector.
The applicable subheading for the moisture sensor board will be 8451.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery (other than machines of heading 8450) for washing, cleaning, wringing, drying … textile yarns, fabrics or made up textile articles … : parts: drying chambers for the drying machines of subheading 8451.21 or 8451.29, and other parts of drying machines incorporating drying chambers. The rate of duty will be 3.5 percent.
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 Robert Losche at 646-733-3011.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division