CLA-2-85:OT:RR:NC:1:110
Ms. Laura R. Wade
WAGO Corporation
N120 W19129 Freistadt Road
P.O. Box 1015
Germantown, WI 53022-1015
RE: The tariff classification of automation control components from Germany.
Dear Ms. Wade:
In your letter dated January 20, 2010, you requested a tariff classification ruling.
The merchandise under consideration consists of a controller and other components for an automation control system. The WAGO control system is a flexible fieldbus-independent solution for decentralized automation tasks. The individual components are ganged together with other approved modules on a carrier rail or DIN rail mounted in a cabinet. Each device consists of a printed circuit assembly within a plastic housing featuring six spring contacts that align with other modules when ganged together. Individual modules are ganged together to create a complete system depending on the type and number of modules needed for each application. All devices are rated for less than 1000 volts (V). Samples of five components were provided with your ruling request.
From the information you provided, Item number 750-873 is a Programmable Fieldbus Controller, which is a control system used in industrial control or building automation applications. This device features internal memory and functions as a Programmable Logic Controller (PLC) which can access all fieldbus and I/O (Input/Output) modules. The Programmable Fieldbus Controller runs the logic routines that monitor system inputs and then controls outputs based on the logic results. This device provides power to all connected field devices such as switches, relays, etc., to control various electrical apparatus. The Programmable Fieldbus Controller is powered by a 24 V DC (volt, direct current) supply voltage and provides power directly to all other modules. This module features eight termination sockets, one 9-pin D-Type socket, one 8-conductor RJ socket and eight LED (Light Emitting Diode) system status and indicator lights. Item number 750-303 is a PROFIBUS DP/FMS Fieldbus Coupler, which is a slave device that connects other WAGO I/O data modules to a higher level controller such as a PLC or PC (personal computer) used in industrial control or building automation applications. This component transmits data received from field devices to a controller in data form bit by bit. The PROFIBUS DP/FMS Fieldbus Coupler is also powered by a 24 V DC supply voltage and provides power directly to all other modules that are ganged together with it on a carrier rail or DIN mount within a cabinet. This module features eight termination sockets, one 9-pin D-Type socket, two rotary switches and eight LED system status and indicator lights. The 750-873 and 750-303 are both fieldbus couplers; however, they differ in that the 750-303 merely passes data whereas the 750-873 contains programmable memory and provides power to initiate the opening and closing of electrical circuits in field devices.
Item number 750-414 is a 4-Channel Digital Input Module. This is a monitoring device that receives signals from field devices, such as switches or sensors and transfers the data from each device to the controller or coupler which it is connected to. This device can monitor up to four field devices and is dependent on the controller or coupler that it is connected to. This module features eight termination sockets and four LED indicator lights.
Item number 750-519 is a 4-Channel Digital Output Module. From the information you provided, the output modules function is to turn power on and off to field devices such as a lighting circuit, motor starter or electric valve based on commands from a controller or coupler. This device can close electrical circuits to power up to four field devices when instructed by a connected controller or coupler. This module features eight termination sockets and four LED indicator lights.
Item number 750-404 is an Up/Down Counter Module. From the information you provided, the output module collects binary pulse signals from a tachometer or similar device, transfers the data to a controller or coupler and closes electrical circuits to power up to two field devices such as a motor starter, lighting circuit or an electric valve based on commands from a controller or coupler. This module features eight termination sockets and four LED indicator lights.
The applicable subheading for the Programmable Fieldbus Controller, item number 750-873 will be 8537.10.9060, Harmonized Tariff Schedule of the United States (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.
The applicable subheading for the Digital Output Module, item number 750-519 and the Up/Down Counter Module, item number 750-404 will be 8537.10.9070, 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: Other.” The general rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the Digital Input Module, item numbers 750-414 and the PROFIBUS DP/FMS Fieldbus Coupler, item number 750-303 will be 8538.90.1000, HTSUS, which provides for “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536, or 8537: Other: Printed circuit assemblies: Of an article of heading 8537 for one of the articles described in additional U.S. note 11 to chapter 85.” The general rate of duty will be free.
In your letter you suggest classification of the PROFIBUS DP/FMS Fieldbus Coupler under heading 8517, HTSUS, as other apparatus for the transmission or reception of other data. However, the PROFIBUS DP/FMS Fieldbus Coupler is dedicated for use solely or principally with the WAGO automation control system controllers or couplers and is therefore subject to additional U.S. Note 11 to Chapter 85 of the 2010 HTSUS, which states in part that the expression “articles described in additional U.S. note 11 to chapter 85” means “articles of heading 8517” HTSUS. As per U.S. Note 11 to Chapter 85 the PROFIBUS DP/FMS Fieldbus Coupler is excluded from classification under heading 8517, HTSUS. You also suggested classification of the Digital Output Module and the Up/Down Counter Module under heading 8538, HTSUS, as parts suitable for use solely or principally with apparatus of heading 8537, HTSUS. However, the Digital Output Module and the Up/Down Counter Module each contain termination sockets and contacts that perform a switching function for providing electrical power to various field devices such as a lighting circuit, motor starter or electronic valve. Therefore they both meet the terms of heading 8537, HTSUS, as bases equipped with two or more apparatus of heading 8536, for electric control or the distribution of electricity.
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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division