CLA-2-90:OT:RR:NC:N4:405
Jenna M. Laufer
Broan – Nutone, LLC
926 W. State St.
Hartford, WI 53027
RE: The tariff classification of various controls.
Dear Ms. Laufer:
In your letter dated December, 26, 2012, you requested a tariff classification ruling. No samples were provided.
Item 62W is described as a 60 minute time control with two rocker switches. It is intended for use with Broan-Nutone fans and heaters. The unit is a two gang standard switch box with a 60 minute timer control with continuous “On” and two rocker switches. It controls room lighting and heaters and is valued over $5.
Merchandise also under consideration is rocker switches identified as Item number 77DW, four function control. The item is comprised of three independently operated rocker switches on a mount face plate. The switches are designed to control the room lighting and the Broan-Nutone ventilation products. One switch controls the fan on/off/auto, the second switch controls the light on/off and the third switch controls the night-light on/off. The switches are rated 120 Volts, 60 Hz.
You describe your Item DH100W as a “mechanical dehumidistat. It doesn’t contain any electrical parts or components. It works as follows; a spring-switch has a hygroscopic (water-absorbing) material connected to it. When the hygroscopic material absorbs water, it gains weight and counteracts the spring tension thereby turning the switch on. As the room dries, the hygroscopic material dries and becomes lighter and spring tension over comes hygroscopic material’s weight, which then turns the switch off. Early renditions used horse-hair, so these are sometimes commonly called ‘horse-hair dehumidistats’. The hygroscopic material is plastic, which is more precise than horse-hair.” Its purpose is “prevent humidity build up in home; automatically controls a remote ventilator based on user adjustable humidity setting (from 20% - 80% RH)”. We agree that it meets the requirements of Note 7-a to Chapter 90, HTSUS, which defines the function of items classified in HTSUS heading 9032.
You describe your Item 70TW as a “Wall Thermostat for Fans.” You continue in your description, “the 70TW works similar to the DW100W, but instead of the hygroscopic material the 70TW has a coiled bi-metal spring connected to the switch mechanism. Bi-metal is two metals formed together; when they heat up, one metal expands more than the other, which causes the coiled spring to expand. When it has expanded enough, the switch will connect and turn the fan on. Adjustment, like the DH100W’s changes the tension of the spring and therefore, how much temperature (or humidity in the DH100W’s case) is required to flip the switch to the on position.
This item is used for control for any Broan-Nutone Fans. The line voltage thermostat automatically activates the ventilator if house temperature rises above the present comfort setting. The turn dial can rotate almost 360 degrees and internally is hook up to a rotary switch.”
It is clear that operation of the fan will change the temperature of the room the thermostat is in and thus the thermostat routinely will be able to maintain the room temperature at the desired value by turning the fan on and off. It meets the requirements of Note 7-a to Chapter 90, HTSUS, which defines the function of items classified in HTSUS heading 9032.
The applicable tariff number for Item 62W is 9107.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time switches with clock or watch movement or with synchronous motor: valued over $5 each. The rate of duty is 45 cents each plus 6.4 percent plus 2.5 cents per jewel.
The rocker switches Item number 77DW, four function control will be 8536.50.9065, HTSUS, which provides for: “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches…), for a voltage not exceeding 1,000 V: Other switches: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
We agree that the applicable subheading for the DH100W will be 9032.89.6070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic regulating or controlling instruments and apparatus, “Other” Process control instruments and apparatus, Humidity control instruments. The general rate of duty will be 1.7 percent ad valorem.
We agree that the applicable subheading for the 70TW will be 9032.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for thermostats for air conditioning, refrigeration or heating systems, designed for wall mounting. The general rate of duty will be 1.7 percent ad valorem.
Your inquiry does not provide enough information for us to issue a classification on Item 79W, Paddle Fan Speed Control & Light Dimmer. Please submit the information described as follows:
Submit a sample of Item 79W.
Please provide labeled, exploded view diagram, which identifies all the internal and external components that makes-up Item 79W.
Does the item contain a potentiometer?
Is the potentiometer wire wound?
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
If you decide to resubmit your request regarding the 79W, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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 77DW or the 79W, contact National Import Specialist H. Abada at (646) 733-3016. If you have any questions regarding the 62W, contact National Import Specialist B. Kiefer at (646) 733-3019. If you have any other questions regarding the ruling, including regarding the DH100W or the 70TW, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division