CLA-2 RR:CR:GC 964399 GOB
Mr. Bernard R. Nottling
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 11057
El Paso, Texas 79993
RE: Power generator; Solenoid
Dear Mr. Nottling:
This is in response to your letter of August 2, 2000, on behalf of the White-Rodgers division of Emerson Electric Co. (White-Rodgers) in which you request reconsideration of preclassification PC 874509 issued to White-Rodgers on June 16, 1992. This decision concerned the classification of a power generator and a solenoid, among other articles.
FACTS:
In PC 874509, the district director, El Paso, Texas, provided the following classification advice: the power generator is classified in subheading 9032.89.60, HTSUS, as: “Automatic regulating or controlling instruments and apparatus ... : ... Other instruments and apparatus: ... Other: ... Other”; and the solenoid is classified in subheading 8505.90.80, HTSUS, as: “Electromagnets; ... : ... Other ... : ... Other.”
Power Generator
You state, in pertinent part, as follows with respect to the power generator:
The term “Power Generator” is a Trade term for thermocouples used in gas burners as a safety device. The heat from the pilot flame on the thermocouple causes the thermocouple to generate a low voltage which supplies power to the safety solenoid valve. If the pilot flame is extinguished, the voltage stops and the safety valve shuts off the flow of gas to the pilot light and the main burner ... the essential characteristic of the “Power Generator” is to generate a millivoltage via the thermocouples in series, to operate the gas safety valve. We believe the essential character of the Power Generator to be the thermocouples in series. Heading 9032 is not an appropriate Heading, as this device does not automatically regulate or control anything nor is its function similar to a thermostat, manostat, etc. Its only function is to determine the presence of the pilot flame and send a low voltage to the safety valve. [Emphasis in original.]
Via an e-mail message from a plant manager, you also describe the operation of the power generator as follows:
Power generators are flame sensitive which contain a cluster of thermocouples, connected in series and encased in a high-temperature stainless steel cover. When the top of the cartridge is heated by the pilot flame, the thermocouples generate a millivoltage output to operate gas valves.
You state that the power generator is classified in subheading 9025.19.80, HTSUS, the provision for: “Thermometers ... : ... not combined with other instruments: ... Other: ... Other.”
Solenoid
You state that the electrical abbreviations used in the catalog specification sheet are those used in describing the contact arrangements used in switches and relays. You further state:
Solenoids do not have contacts nor pole forms. These relays are used to provide switching power when installed between a DC battery and an electric motor. These relays are used in electric golf carts, motorized wheel chairs, forklift trucks, handicap lifts, etc. In W/R engineering drawing # 586-114111 it shows the “CIRCUIT DIAGRAM” for this relay. While the diagram shows that a solenoid is used to actuate the relay contacts, the essential characteristic of the relay is to start or stop the flow of electrical current to an electric motor. We believe the correct classification HTS number is 8536.41.0050, Relays: Electromechanical. This device is more than just a simple electromagnet as described in Heading 8505.
ISSUES:
What are the tariff classifications of the power generator and the solenoid?
LAW AND ANALYSIS:
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 of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied.
The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.
Power Generator
The HTSUS provisions under consideration are as follows:
8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof:
Other machines and apparatus:
8543.89 Other:
Other:
Other:
8543.89.96 Other.
* * * * * *
9025 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:
9025.19 Other:
9025.19.80 Other.
* * * * * *
9032 Automatic regulating or controlling instruments and apparatus; parts and accessories thereof:
Other instruments and apparatus:
9032.89 Other:
9032.89.60 Other.
We agree with your contention that the power generator is not classified in subheading 9032.89.60, HTSUS. Heading 9032, HTSUS, covers automatic regulating or controlling instruments or apparatus. The power generator reacts to the heat caused by the pilot light. It is not an element in a control system that forces an actuator to keep heat at a desired level by continually measuring the heat.
Legal Note 6 to Chapter 90, HTSUS, provides as follows:
Heading 9032 applies only to:
(a) Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled; and
(b) Automatic regulators of electrical quantities, and instruments or apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled.
EN 90.32 provides in pertinent part that, in accordance with Note 6 to Chapter 90, heading 9032 covers: “Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature ... which are designed to bring this factor to, and maintain it at, a desired value, stabilised against disturbances, by constantly or periodically measuring its actual value ...”
It is our determination that the function of the power generator is not described in Note 6 to Chapter 90, HTSUS, or in EN 90.32. We find that the power generator is not described in heading 9032, HTSUS.
In HQ 964833 dated June 7, 2001, we held certain thermocouples and thermopiles for gas pilot burners to be classified as other electrical machines and apparatus in subheading 8543.89.96, HTSUS. HQ 964833 revoked HQ 961147 (which held the thermocouples and thermopiles to be classified in subheading 9025.19,80, HTSUS) and is to be published in the Customs Bulletin on June 27, 2001. The thermocouples and thermopiles of HQ 964833 appear to be similar to the power generator at issue in this ruling.
“Thermometer” is defined as follows in The Random House Dictionary (unabridged edition; 1973): “an instrument for measuring temperature, often consisting of a sealed glass tube that contains a column of liquid, as mercury, which expands and contracts, or rises and falls, with temperature changes, the temperature being read where the top of the column coincides with a calibrated scale marked on the tube or its frame.”
The power generator is not a thermometer as it does not measure temperature. It produces electrical power when the flame of the pilot light heats the tube; it stops producing electricity when the flame goes out and the tube cools. Accordingly, we find that classification in heading 9025, HTSUS, is precluded.
EN 85.43 provides in pertinent part that: “This heading covers all electrical appliances and apparatus, not falling in any other heading of this Chapter, nor covered more specifically by a heading of any other Chapter of the Nomenclature, nor excluded by the operation of a Legal Note to Section XVI or to this Chapter.” [Emphasis in original.] We find that the power generator is an electrical appliance or apparatus which is not described in any heading other than heading 8543, HTSUS. Accordingly, we find that it is provided for in heading 8543, HTSUS, and is classified in subheading 8543.89.96, HTSUS, as: “Electrical machines or apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: ... Other machines and apparatus: ... Other: ... Other: ... Other: ... Other.”
Solenoid
The HTSUS provisions under consideration are as follows:
8505 Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof:
8505.90 Other, including parts:
8505.90.80 Other.
* * * * * *
8536 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V:
Relays:
8536.41.00 For a voltage not exceeding 60 V.
“Solenoid” is defined as follows by the stated references. Microsoft Press Computer Dictionary (3rd ed., 1997): “An electromagnetic device that converts electrical energy to mechanical movement, typically consisting of an electromagnet with a movable rod through the center.” McGraw-Hill Encyclopedia of Science and Technology (1995): “An electrically energized coil of insulated wire which produces a magnetic field within the coil. If the magnetic field produced by the coil is used to magnetize and thus attract a plunger or armature to a position within the coil, the device may be considered to be a special form of electromagnet and in this sense the words solenoid and electromagnet are synonymous.” Internet site www.howstuffworks.com: “A solenoid is another form of electromagnet. It is an electromagnetic tube generally used to move a piece of metal linearly.” The Computer Glossary (8th ed., 1998) by Alan Freedman: “A magnetic switch that closes a circuit, often used as a relay.”
In HQ 951230 dated June 29, 1992, we classified solenoids in subheading 8505.90.80, HTSUS. We cited the following definition of “solenoid” from Webster’s Third New World Dictionary (3rd ed., 1988): “a coil of wire, usually wound in the form of a helix, that acts like a bar magnet when carrying a current: used in brakes, switches, relays, etc.”
After a careful consideration of this issue, we find that the solenoid is classified in subheading 8505.90.80, HTSUS, as: “Electromagnets; ... : ... Other ... : ... Other.”
HOLDINGS:
The power generator is classified in subheading 8543.89.96, HTSUS, as: “Electrical machines or apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: ... Other machines and apparatus: ... Other: ... Other: ... Other: ... Other.”
The solenoid is classified in subheading 8505.90.80, HTSUS, as: “Electromagnets; ... : ... Other ... : ... Other.”
PC 874509 is superseded with respect to the power generator.
This ruling will become effective with respect to the power generator on August 26, 2001, which is 60 days after the publication in the Customs Bulletin of HQ 964833, which revokes HQ 961147.
Sincerely,
John Durant, Director
Commercial Rulings Division