CLA-2-90:OT:RR:NC:N1:105
Sabrina Suszek
Duty Mitigation Analyst
TE Connectivity
2800 Fulling Mill Road
Middletown, Pennsylvania 17057
RE: The tariff classification of thermistor and sensor assemblies from China
Dear Ms. Suszek:
In your letter dated May 5, 2022, you requested a tariff classification ruling on thermistor and sensor assemblies from China.
The first item under consideration is described as the A1004RC22P4 NTC Thermistor Assembly. The assembly is composed of a negative temperature coefficient (NTC) thermistor, two plastic tubes, PVC insulated wires and an aluminum surface mount housing.
The second item under consideration is described as the A1004AS22P8-F NTC Sensor Assembly. The assembly is composed of a PVC jacketed cable, a housing with a
sensor on one end and a connector with two terminals on the other end.
The third item under consideration is described as the D1004PX22P2-F NTC Thermistor Assembly. The assembly consists of a sensor in a housing on one end of a wire and
two ring terminals with connectors on the other end.
The fourth item under consideration is described as the D1004SX25N1 NTC Thermistor Assembly. The assembly consists of a sensor with two tubes that are crimped and soldered with two terminals, which are then inserted into a connector. The entire item is then encapsulated into a housing.
Functionally, all of the items work in the same manner. The difference lies in the mechanical interface for attachment to the space to be monitored and connecting to the customer’s measuring device. Additionally, the calibration values of the resistance over the temperature range will also vary from device to device. Each of the assemblies are imported complete with the connections necessary to attach to the end use. The end use of the items can vary but they are generally used in machines that need to measure temperature such as HVAC units. The temperature sensors operate by measuring the resistance of the device which will change as the temperature changes.
Similar to the item described in ruling N247115 (dated November 21, 2013), the thermistor and sensor assemblies listed above send back an electrical current which is very closely proportional to the temperature. Therefore, the device has the essential character of a thermometer of heading 9025, Harmonized Tariff Schedule of the United States (HTSUS).
Therefore, as you suggest, the applicable subheading for the A1004RC22P4 NTC Thermistor Assembly, the A1004AS22P8-F NTC Sensor Assembly, the D1004PX22P2-F NTC Thermistor Assembly and the D1004SX25N1 NTC Thermistor Assembly will be 9025.19.8085, 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: Thermometers and pyrometers, not combined with other instruments: Other: Other: Other: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9025.19.8085, 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., 9903.88.02, in addition to subheading 9025.19.8085, 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 https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division