CLA-2-85:OT:RR:NC:1:110
Mr. John Martin
Etratech Inc.
1047 Cooke Blvd.
Burlington, Ontario L7T 4A8
Canada
RE: The tariff classification of an electronic control from China.
Dear Mr. Martin:
In your letter dated July 29, 2010 you requested a tariff classification ruling.
The merchandise under consideration is identified as the SZLCD Power Module. A sample of the power module was submitted with your ruling request.
The SZLCD Power Module is a relay control strip board that consists of a printed circuit board (PCB) with a microcontroller, relays rated for up to 277 Volts (V), two connector sockets, four spade terminals and other active and passive electrical components. This item is a control module for a heat and air conditioning unit with connections for a thermostat, furnace, freeze sensor, and high/low fan control.
In your letter you propose classification in “9032.90.60.80, parts of an air conditioning complete system…” under the Harmonized Tariff Schedule of the United States (HTSUS). However, there is no such 10 digit classification in the current HTSUS. At any rate, as per NIS 405, Heading 9032 applies only to items (and their parts and accessories thereof) defined by Note 7 to HTSUS Chapter 90. Although your item is used in conjunction with a Thermostat, presumably classifiable in HTSUS 9032.10, you indicate that no thermostat is imported with this item. In discussing, in general, the separate importation of components of an automatic regulating or control system, Harmonized System Explanatory Note II to 9032 states that they “consist essentially of the following devices:
A measuring device (sensing device, converter, resistance probe, thermocouple, etc.) which determines the actual value of the variable to be controlled and converts it into a proportional electrical signal.
An electrical control device which compares the measured value with the desired value and gives a signal (generally in the form of a modulated current).
A starting, stopping or operating device (generally contacts, switches or circuit breakers, reversing switches or, sometimes, relay switches) which supplies current to an actuator in accordance with the signal received from the control device.”
Discussing classification when the devices are imported separately, it further states: …
Starting, stopping or operating devices are generally to be classified in heading 85.36 (switches, relays, etc.).”
The applicable subheading for the SZLCD Power Module will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 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.
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