CLA-2-85:OT:RR:NC:N2:220
Thad Carlson
TrickleStar, Inc.
4859 Kendrick Street SE
Grand Rapids, MI 49512
RE: The tariff classification of an electrical controller from China
Dear Mr. Carlson:
In your letter dated April 6, 2021 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Dryer Saver, which is described as a retrofit externally operated electrical controller for a clothes drying machine. The Dryer Saver consists of an electrical enclosure, a metal duct adapter, a temperature/moisture sensor (sensor) with cable, and mounting hardware. The enclosure is said to contain a printed circuit board assembly, terminals, and relays. The metal duct adapter is formed steel and is designed to fit between the dryer exhaust output and the building vent exhaust. The sensor is intended to be mounted onto the duct adapter and connected to the controller enclosure via a cable assembly.
In use, the Dryer Saver’s sensor and duct adapter are installed at the exhaust vent of an electric clothes dryer that is not equipped with its own moisture sensor. Building power is wired to the internal terminal blocks of the controller and the Dryer Saver’s power cord is connected to the dryer’s input terminals. During operation, the Dryer Saver senses the relative moisture in the exhaust and interrupts the 240 V, 30 A electrical circuit when the clothes are dry, thus saving energy and reducing energy costs.
The applicable subheading for the Dryer Saver will be 8537.10.9170, Harmonized Tariff Schedule of the United States (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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8537.10.9170, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8537.10.9170, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division