CLA-2 RR:CR:GC 960389 DWS

Mr. Daniel J. Brink
Reinhart, Boerner, Van Deuren,
Norris & Reiselbach, S.C.
P.O. Box 92900
Milwaukee, WI 53202-0900

RE: Reconsideration of NY A86072; Current and Voltage Transducers; HQs 955916 and 088941; NYs A88229, 881670; 862381, 859809, and 854001; Explanatory Note 85.04; Section XVI, note 1(m); 8504.31.20

Dear Mr. Brink:

This is in response to your letter of April 2, 1997, on behalf of LEM USA, Inc., and a letter from your client dated February 6, 1998, requesting reconsideration of NY A86072, dated August 20, 1996, concerning the classification of current and voltage transducers under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of current and voltage transducers (series L, H, and C), which generally consist of a secondary winding, magnetic core, Hall effect chip, and associated electronic circuitry. The transducers offer isolated current measurement, as well as the measurement of direct current (DC), alternating current (AC), or pulsed systems, often with one transducer suited for all three measurements. They are used in electric motor controllers, power converters, electric locomotives, power supplies, and other power electronic apparatus. The transducers are used in these applications as a component of a larger control circuit, and where variable power levels are switched off and on at high frequency. In their condition as imported, the transducers possess one coil. An electrical cable around which the transducer is installed acts as the primary coil, and the transducer coil acts as the secondary coil.

Each series of transducer possesses multiple and distinctive architectures which are applicable to specific uses. Within those general architectures (electrical design and construction), the design architecture and theory of operation are identical. The only difference among the series relate to the amount of current which can be accommodated and the packaging.

ISSUE:

Whether the current and voltage transducers are classifiable under subheading 8504.31.20, HTSUS, as other unrated transformers having a power handling capacity not exceeding 1 kVA, or under subheading 9030.39.00, HTSUS, as other instruments or apparatus for measuring or checking voltage, current, resistance or power, without a recording device.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The HTSUS provisions under consideration are as follows:

8504 Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof:

Other transformers:

8504.31 Having a power handling capacity not exceeding 1 kVA

8504.31.20 Unrated.

* * * * * * * * *

9030 Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof:

Other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device:

9031.39.00 Other.

* * * * * * * * *

In NY A86072, Customs held that the subject transducers meet the terms of heading 9030, HTSUS, and are specifically classifiable under subheading 9030.39.00, HTSUS.

In addition to the information provided by your client stating that their current voltage transducers offer isolated current measurement, as well as the measurement of DC, AC, or pulsed systems, it is also stated that:

[i]n addition to the usual industrial current measurement applications where shunt resistors, current transformers, or Hall effect transducers are satisfactory, new safety requirements particularly for traction applications and special applications have led to the development of many new transducers. ***** (emphasis supplied).

In your submission requesting reconsideration, you state that:

[w]e acknowledge that the LEM Transducers in the most general interpretation are used for measuring current or voltage.

You also state that:

[t]he primary function of the LEM transducers relates to the transformer function. The remaining devices contained in the LEM transducers are clearly subsidiary in nature. *****

We disagree that the Hall effect chip in each transducer plays a subsidiary role in the function and intended use of each transducer. In HQ 088941, dated January 16, 1992, we held that a line scan camera (LSC), which is an infrared transducer, is not a subsidiary component of a rototuner system (RS). In that ruling, we stated that:

[t]he term "subsidiary" is described as "[s]erving to supplement or assist . . . [s]econdary in importance: subordinate." Webster's II New Riverside University Dictionary, p. 1155 (1984). The LSC is not used for a subsidiary purpose. When the LSC is used, it certainly is not used in a supplemental manner nor is it secondary in importance. It performs a function that is not performed by any other components of the RS. ***** The protestant appears to be of the view that the LSC serves a subsidiary purpose because it is not used all of the time that the RS is used. But this is not our understanding regarding the meaning of "subsidiary" as set forth in Note 2. The meaning of subsidiary has nothing to do with the amount of time optics are used in the overall use of a device, but it relates more to the type of task which the optics perform when being used in the operation of the device. *****

Based upon the July 24, 1996, submission to the National Commodity Specialist Division of Customs, New York, requesting a ruling on the transducers, it is our understanding that the secondary coil of each transducer picks up the AC current, and the Hall effect chip and the associated electronic circuitry pick up the DC current. This combination of electronics is what allows these sophisticated transducers to measure complex current waveforms accurately. The Hall effect chip is not subsidiary in that it plays a primary role in the function and intended use of each transducers.

You also claim that the transducers are similar to the ISDN transformers of NY A88229, dated October 31, 1996, which were held to be goods of heading 8504, HTSUS. We disagree. The items in NY A88229 are commercially known as transformers; the subject transducers are not known as transformers and are marketed as transducers in the provided literature. Also, telephony transformers are included in heading 8504, HTSUS [see Harmonized Commodity Description and Coding System Explanatory Note 85.04 (p. 1448)]; there is no mention of current or voltage transducers in heading 8504, HTSUS, or in Explanatory Note 85.04.

In several rulings, Customs has held transducers of varying types and articles incorporating transducers to be articles of chapter 90, HTSUS. See HQ 955916, dated May 16, 1994; HQ 088941; NY 881670, dated January 19, 1993; NY 862381, dated April 23, 1991; NY 859809, dated January 31, 1991; NY 854001, dated July 24, 1990.

Based upon all the information provided, it is our position that the subject transducers, each of which contain the Hall effect chip, are marketed and used for measurement applications. Therefore, we find that the subject transducers meet the terms of heading 9030, HTSUS and are specifically classifiable under subheading 9030.39.00, HTSUS.

You claim that the transducers are goods classifiable in heading 8504, HTSUS. Section XVI, note 1(m), HTSUS, states that:

1. This section does not cover:

(a) - (l) ******

(m) Articles of chapter 90.

Therefore, because it is our position that the transducers are articles of chapter 90, HTSUS, they are precluded from classification in heading 8504, HTSUS, a provision of section XVI, HTSUS.

HOLDING:

The current and voltage transducers are classifiable under subheading 9030.39.00, HTSUS, as other instruments or apparatus for measuring or checking voltage, current, resistance or power, without a recording device.

EFFECT ON OTHER RULINGS:

NY A86072 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division