CLA-2-85:OT:RR:NC:N1:112
Mr. William J. Polkinhorn
Bill Polkinhorn, Inc.
2401 Portico Blvd.
P.O. Box 712
Calexico, CA 92231
RE: The tariff classification of a Pilot/Thermocouple Assembly from Mexico
Dear Mr. Polkinhorn:
In your letter which was received by this office on May 20, 2009, you requested a tariff classification ruling on behalf of your client, Robertshaw Controls Company.
The item concerned is referred to as a Pilot/Thermocouple Assembly. This assembly consists of a pilot light burner nozzle and an electronic thermocouple device mounted on a common metal bracket. The thermocouple device is positioned directly above the pilot light nozzle. This configuration insures that the thermocouple is correctly aligned with the pilot light so that it can accurately and efficiently perform its function.
This assembly can be installed within a variety of devices such as residential and commercial gas water heaters, residential and industrial furnaces, as well as in residential and commercial central air conditioning and heating applications. In use, once installed, the pilot light burner nozzle would connect to a gas line. It produces a small gas flame (pilot light) which is used as the ignition source for a larger gas burner. The thermocouple, which must be kept within close proximity to the pilot light, is used to operate a solenoid valve. The thermocouple is a device that, in the presence of the heat created by the pilot light, will generate a low voltage output. The low voltage output is relayed to a solenoid valve. This heat generated voltage holds the solenoid valve open which allows a flow of gas to the pilot light and burners. In the event the pilot flame goes out, the thermocouple will stop generating a voltage, which will cause the solenoid valve to close preventing the flow of gas to the pilot light and burners, which would prevent a leakage of gas into the adjacent environment.
You have proposed classification of the Pilot/Thermocouple Assembly in subheading 8416.90.0000 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Furnace burners for liquid fuel, for pulverized solid fuel or for gas…: parts.” Based on the information supplied, the Pilot/Thermocouple Assembly is not specifically and principally used with a furnace burner, it can be used in a variety of products. As such, classification within heading 8416, HTSUS, would not be applicable.
The applicable subheading for the Pilot/Thermocouple Assembly will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%.
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 Steven M. Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division