CLA-2-84:OT:RR:E:NC:N1:102
Ms. Marilee Rice
Woodward Governor Company
1000 East Drake Road
Fort Collins, CO 80525
RE: The tariff classification of a valve actuator, an engine controller and digital controllers
Dear Ms. Rice:
In your letter dated September 21, 2007 you requested a tariff classification ruling. Descriptive literature and product specification sheets were submitted.
The items in question are described as an integrated valve actuator, an APECS 500 Single Speed Electronic Engine Controller, an APECS DPG-21XX-00X Digital Controller, an APECS DPG-2201-00X Digital Controller and an APECS DPG-2223-00X Digital Controller. They will be used to provide speed control for an industrial engine control system.
The Woodward Power Flow is an integrated, electrically actuated valve designed for throttling the intake of internal combustion engines. This integrated throttle body is adaptable to a fuel injected engine for air control.
The APECS 500 Single Speed Electronic Engine Controller is designed to send electrical instructions to a fuel control lever to “maintain fixed engine RPM regardless of load…” other than simple features related to that function such as shutdown in case of overspeed or underspeed. Its frequency range is 200 to 15,000 cycles per second.
Per Note 7 to HTSUS Chapter 90, Heading 90.32 applies only to:
… (b) Automatic regulators of electrical quantities, and instruments or apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value. Here the “factor is RPM and the “disturbances” are load changes.
The APECS DPG-21XX-00X, APECS DPG-2201-00X and the APECS DPG-2223-00X Digital Controllers are programmable controllers for Isochronous Generators. The Digital Controllers are designed to provide speed control and govern diesel or gas fueled engines of generator sets. The controllers are programmable to tailor controller responses to various engine applications and adjustments including acceleration and deceleration ramp rates, idle speed, hold time, frequency control, etc. Each model is housed within a metal enclosure with mounting ears and are rated for 30 Volts (V) Direct Current (DC).
The DPG-21XX-00X features two push-button switches, an RJ11 socket, a gain potentiometer and a 7 wire terminal strip or 12-pin socket for connecting power and components. The push-buttons are provided for increasing or decreasing speed. The RJ11 socket is provided as a serial communications port, connecting to a computer for programming and periodic service.
The DPG-2201-00X features four push-button switches, a 2-digit LED display, an RJ11 socket, and a wire terminal strip with 13 terminals for connecting power and various components. The push-buttons are provided for programming various functions and control parameters. The RJ11 socket is provided as a serial communications port, connecting to a computer for initial configurations and periodic service.
The DPG-2223-00X features four push-button switches, a 2-digit LED display, an RJ11 socket, and a wire terminal strip with 14 terminals for connecting power and various components. The push-buttons are provided for programming various functions and control parameters. The RJ11 socket is provided as a serial communications port, connecting to a computer for initial configurations and periodic service.
From the additional information you provided, the three Digital Controllers receive input from sensors and send digital signals, which are electrical signals, to actuators for adjusting engine speed and other parameters.
The applicable subheading for the integrated valve actuator will be 8481.80.9025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other valves with electrical or electro-hydraulic actuators. The general rate of duty will be 2 percent ad valorem.
The applicable subheading for the 500 Single Speed Electronic Engine Controller will be 9032.89.6085, HTSUS, which provides for other automatic regulating or controlling instruments and apparatus. The general rate of duty will be 1.7 percent ad valorem.
The applicable subheading for the APECS DPG-21XX-00X, APECS DPG-2201-00X and the APECS DPG-2223-00X Digital Controllers will be 8537.10.9060, HTSUS, which provides for “Boards, panels, consoles…and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” The general rate of duty will be 2.7 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 Kenneth T. Brock at 646-733-3009.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division