CLA-2-90:OT:RR:NC:N1:105
Ms. Jennifer R. Diaz, Esq.
Diaz Trade Law
12700 Biscayne Boulevard, Suite 401
North Miami, Florida 33181
RE: The tariff classification of Rain Sensors from China
Dear Ms. Diaz:
In your letter dated October 5, 2022, you requested a tariff classification ruling on behalf of your client, K-Rain Manufacturing Corporation (“K-Rain”). Descriptive literature, diagrams and photos were provided for our review.
The first item under consideration is described as a Hardwired Rain Sensor, Part No. 3208-HRS. The sensor provides a direct wired connection to the irrigation controller and after a set amount of rain has fallen (1/8” to 1/2” depending on the user setting), the sensor will trigger the controller to suspend watering. The sensor operates by use of a stack of water absorbent wafers that expand at a calculated rate. The user can set the expansion area for the wafers which sets the amount of rain needed to relay the information to the controller. After a rain, the sensor requires a “dry-out” period for the expansion wafers to dry. Once dry, the system will continue to monitor for new rain. Power for the hardwired rain sensor is provided by the controller.
The second item under consideration is described as a Wireless Rain Freeze Sensor, Part No. 3208-WRFS. This sensor provides information wirelessly and can be paired with multiple K-Rain Pro EX 2.0 Wifi enabled controllers within range. Similar to the 3208-HRS, the sensor uses water absorbent wafers to determine if it is raining. The sensor can also be set to notify the controller if it detects between 1/8” and 1/2" of rain (depending on the user setting). A dial on the top of the rain/freeze sensor allows adjustment of the expansion area with a + or – adjustment. In addition to the rain sensing ability, the 3208-WRFS sensor also contains a freeze sensor in the form of a thermometer which is programmed to send a signal to the controller when the temperature gets down to 37 degrees Fahrenheit. When the appropriate amount of water is drawn in through the sensor disc, or when the temperature reaches 37 degrees Fahrenheit, it sends a 433 MHz radio frequency wireless electrical signal to shut off the sprinkler or irrigation system. The temperature reading is displayed on the controller and not on the sensor. The 3208-WRFS is powered by a battery.
The third item under consideration is described as a Universal Wireless Rain Freeze Sensor, Part No. 3208-UWRFS. This rain/freeze sensor works very similarly to the 3208-WRFS sensor except this sensor has the ability to be paired with another manufacturer’s controller. The 3208-UWRFS uses a special receiver that does not have a 433Mhz radio frequency capability. Instead, it decodes the data packet from the wireless rain freeze sensor and converts it into a language that another controller can process and execute. The language enables the sensor to relay when the temperature reaches 37 degrees Fahrenheit as well as when the rain reaches 1/8” or 1/2” (depending on the user setting). Once the information is wirelessly relayed, the controller would use the translated information to shut off a valve. The 3208-UWRFS rain sensor unit is powered by a battery, while the receiver is powered by the controller it is wired to.
As you suggested in your letter, the applicable subheading for the Hardwired Rain Sensor, Part No. 3208-HRS, will be 9015.80.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders; parts and accessories thereof: Other instruments and appliances: Other: Other: Other.” The general rate of duty will be free.
Regarding the classification of the Wireless Rain Freeze Sensor, Part No. 3208-WRFS, and the Universal Wireless Rain Freeze Sensor, Part No. 3208-UWRFS, classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings and any relevant section or chapter notes. In the event the articles cannot be classified solely on the basis of GRI 1, GRI’s 2 through 6 may be applied in order, as appropriate. The Explanatory Notes to the HTSUS, while not legally binding, may also be consulted to aid in classification. The Wireless Rain Freeze Sensor, Part No. 3208-WRFS, and the Universal Wireless Rain Freeze Sensor, Part No. 3208-UWRFS, are considered to be composite goods within the meaning of GRI 3. Goods classifiable under GRI 3(b) shall be classified as if they consisted of material or a component which gives them their essential character. The Explanatory Note to GRI 3(b)(VIII), states that the factors which determine essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3(c) states that when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration. Inasmuch as no one component imparts the essential character to the subject composite item, GRI 3(b) does not apply. It is the opinion of this office that the ability to detect rain in heading 9015, HTSUS, merits equal consideration to the thermometer/freeze sensor in heading 9025, HTSUS. Therefore, classification will be determined based on the competing heading that occurs last in numerical order. GRI 3(c) noted.
In your letter, you suggest the Wireless Rain Freeze Sensor, Part No. 3208-WRFS, be classified in 9015.80.8080, HTSUS. We disagree. Similar to the device in N296295 (dated May 8, 2018), the rain freeze sensor has both the ability to detect water as well as the ability to read the ambient temperature and provide a reading to the controller (and subsequently inform the controller the temperature is too low to operate the irrigation system). We consider both functions to be equally important and therefore look to the item classified last in the tariff, which is the thermometer of heading 9025, HTSUS. Regarding the heading 9025 classification, the device in N296295 had the ability to read temperature and humidity as opposed to the 3208-WRFS sensor which only has the ability to read temperature. Accordingly, the applicable subheading for the Wireless Rain Freeze Sensor, Part No. 3208-WRFS, 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.
You further suggested in your letter, that the Universal Wireless Rain Freeze Sensor, Part No. 3208-UWRFS, be classified in 8517.62.0090, HTSUS. We disagree. Heading 8517, HTSUS provides in relevant part for: "…other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network)…". The 3208-UWRFS rain sensor is used to detect or measure various aspects of weather or the environment into which they are installed. That sensor generated data is used in the operation of an irrigation system. The data generated is wirelessly transmitted to a control unit which then uses the data to make operational decisions. The ability to wirelessly transmit the generated data is a support or secondary function of the device. The wireless connectivity is only replacing a wired connection to the controller.
The data generated is the product of these sensors. It is that product which is of interest to the user. How that data gets to the end use device (i.e., wired connection or wirelessly) is a support or secondary function. Without that product (sensor data) there is no need for the transmission function. Classification under heading 8517, HTSUS, is precluded because the devices concerned are used primarily to execute a sensing/detecting/measurement function which would be beyond the scope on heading 8517, HTSUS.
Similar to the 3208-WRFS sensor described above, the 3208-UWRFS has both the ability to detect water as well as the ability to read the ambient temperature and provide a reading to the controller (and subsequently inform the controller the temperature is too low to operate the irrigation system). We consider both functions to be equally important and therefore look to the item classified last in the tariff, which is the thermometer of heading 9025, HTSUS. Accordingly, the applicable subheading for the Universal Wireless Rain Freeze Sensor, Part No. 3208-UWRFS 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 9015.80.8080, 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., 9903.88.01, in addition to subheading 9015.80.8080, HTSUS, listed above.
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, 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