CLA-2-90:RR:NC:N1:105 M82911
Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545
RE: The tariff classification of a Shower Mirror/Weather Forecaster from China
Dear Reynolds:
In your letter dated April 17, 2006, on behalf of LCM Direct, Inc., you requested a tariff classification ruling. No sample was submitted.
The mirror’s surface resists fogging and is about 6 by 5 inches.
The large LCD on the side prominently displays temperature, humidity, and barometric data, plus one of five “forecasts” derived from that data. It also displays time of day and date information.
The temperature and humidity data is received via a 433 Mhz signal from 1 to 3 remote sensors, either with or without their own LCD display.
We consider the item to be a composite good for the purposes of General Rule of Interpretation III. We do not consider the time and date elements of HTS Chapter 91 to equally merit consideration in supplying its essential character.
HTSUS 9025 includes thermometers, hygrometers, and barometers.
Harmonized System Explanatory Note V to 90.15 (Meteorological Instruments) states that it “does not cover thermometers, barometers, hygrometers and psychrometers, nor combinations of such instruments (heading 90.25).”
The methods of measurement here appear to be “electrical” per Additional US Note 2 to Chapter 90.
We agree that the applicable subheading for your item will be 9025.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, “other”, “electrical”, thermometers, hygrometers, and barometers, recording or not, and any combination of these instruments. The rate of duty will be 1.7 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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