CLA-2-90:OT:RR:NC:N1:105
Mr. William Hogan
CH Robinson
1501 N. Mittel
Wood Dale, IL 60191
RE: The tariff classification of Moisture Tester Replacement Parts from China
Dear Mr. Hogan:
In your letter dated March 1, 2019, on behalf of Agratronix, you requested a tariff classification ruling.
You have requested classification rulings for five different items which include the following:
ELEC-L0002 is a replacement Liquid Crystal Display (LCD) module for a moisture tester for grain. The LCD module is purchased as a whole assembly. The LCD module does not display a video signal, it merely displays the moisture range and the temperature. This is a generic type of LCD although for Agratronix’s purposes they are only used in the grain tester. The LCD module is not a touch screen as there are buttons on the panel of the device that control what is displayed on the screen.
ELEC-P0307 is a replacement Printed Circuit Board (PCB) for a moisture tester for grain. It is a complete board at the time of importation. The PCB controls the main functions of the device by measuring and displaying the moisture level of the grain being sampled.
ELEC-T0000 is a replacement thermistor for a moisture tester for grain. This part measures the temperature of the grain sample being tested.
METL-T1801 is a replacement probe tip for a moisture tester for hay. It is a custom designed tip used to work in conjunction with the hay testers probe shaft (no camera attached).
PLAS-F0101D is a replacement front plastic piece of a moisture tester for hay. This piece functions as the front housing of the tester, and is specifically designed for incorporation into the moisture tester.
The ELEC-P0307, the METL-T1801, and the PLAS-F0101D are all specifically designed to be incorporated into the moisture detectors with which they are intended to be used. As they are solely suitable for use as components of complete moisture detectors, and are not excluded from classification in heading 9025 by Notes 1 or 2 to Chapter 90, or by Additional U.S. Rule of Interpretation 1(c), they would be properly classified in subheading 9025.90.
The applicable subheading for the replacement LCD module (ELEC-L0002) will be 8531.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED): Incorporating LCD's.” The rate of duty will be free.
The applicable subheading for the replacement printed circuit board (ELEC-P0307) will be 9025.90.0600, HTSUS, which provides for “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Parts and accessories.” The rate of duty will be free.
The applicable subheading for the replacement thermistor (ELEC-T0000) will be 8533.40.8070, HTSUS, which provides for “Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof: Other variable resistors, including rheostats and potentiometers: Other: Other: Other.” The rate of duty will be free.
The applicable subheading for the replacement probe tip (METL-T1801) will be 9025.90.0600, HTSUS, which provides for “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Parts and accessories.” The rate of duty will be free.
The applicable subheading for the replacement plastic piece of a moisture tester for hay (PLAS-F0101D) will be 9025.90.0600, HTSUS, which provides for “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Parts and accessories.” The rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheadings 8533.40.80 and 8531.20.00, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.01 in addition to subheading 8533.40.8070 and 8531.20.0020, HTSUS, listed above at the time of importation.
Products of China classified under subheadings 9025.90.0600, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.03 in addition to the corresponding subheading 9025.90.0600, HTSUS, listed above at the time of importation.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 4C.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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division