OT:RR:CTF:EMAIN H354469 RLP
Tony Mikami
NGT Controls, Inc.
21092 Bake Parkway, 104
Lake Forest, CA 92630
RE: Request for reconsideration of NY N352330; Classification of a bimetal switch from
Japan
Dear Mr. Mikami:
This letter is in reference to a request for reconsideration submitted by you on behalf of
NGT Controls, Inc. (“NGT Controls”) concerning New York Ruling Letter (NY) N352330
issued August 21, 2025. That ruling concerned the classification of a bimetal switch from Japan
under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The ruling
classified the merchandise under statistical reporting number 8536.50.9065, which provides for
“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 and other connectors, junction boxes), for a voltage not exceeding 1,000 V;
connectors for optical fibers, optical fiber bundles or cables: Other switches: Other: Other:
Other.” NY N352330 describes the merchandise as follows:
The subject devices are further described as bimetal thermal switches, which are comprised
of two metals bonded together in the form of a strip or disc. When the metals are heated, the
difference in expansion rates cause the metal to bend or snap when a certain temperature is
reached. This action either opens or closes an electrical circuit. The subject switch devices
are used in various electrical applications, such as household appliances, HVAC systems,
and industrial appliances in order to act as a protection against excessive heat.
NGT Controls claims that CBP should classify this device under statistical reporting
number 8536.50.9040, HTSUSA, as a “snap-action, other than limit” switch because the bimetal
disc or strip snaps to open or close the circuit at a certain temperature. Under this interpretation,
the device snapping to change position on the circuit is the key characteristic of a snap-action
switch.
When a tariff term is not defined by the HTSUS, its correct meaning is its common, or
commercial, meaning. See Rocknel Fastener, Inc. v. United States, 267 F.3d 1354, 1356 (Fed.
Cir. 2001) ("To ascertain the common meaning of a term, a court may consult dictionaries,
scientific authorities, and other reliable information sources' and 'lexicographic and other
materials.'" (quoting C.J. Tower & Sons of Buffalo, Inc. v. United States, 673 F.2d 1268, 1271,
69 C.C.P.A. 128 (C.C.P.A. 1982))); see also Simod Am. Corp. v. United States, 872 F.2d 1572,
1576 (Fed. Cir. 1989)).
Despite any “snapping” that might occur due to the movement of the bimetal piece of the
instant switch in the colloquial sense, the device at issue lacks the standard spring-loaded design
that is the central component of snap-action switches. Generally, a snap-action switch operates
by rapidly opening or closing an electrical circuit through a small amount of force to its actuator.
Guide to Snap Switches: Workings, types & Applications, LANGIR.COM,
https://www.langir.com/news/guide-to-snap-switches/#1710167913303-68d4c763-3d9e (last
accessed December 15, 2025). The force on the actuator compresses a spring until it reaches a
critical point, causing the spring mechanism to shift the switch rapidly to a new position on the
circuit. Id. The switch’s name comes from the audible “snap” that occurs from this movement
or action. Id.
Bimetal switches like the device at issue, though, do not operate by applying force to a
spring-loaded design. In a bimetal switch, the transfer of heat to or from the bimetal piece opens
or closes the circuit, not the application of force to the actuator. Compare Force, Oxford Eng.
Dictionary, https://www.oed.com/dictionary/force_n1?tab=meaning_and_use#4007301 (last
accessed December 12, 2025) with Heat, Oxford Eng. Dictionary,
https://www.oed.com/dictionary/heat_n?tab=meaning_and_use#1905504 (last accessed
December 12, 2025). Additionally, the bimetal disc or strip in the device is not a spring. A
spring is a rigid material bent or molded into a form that can return into shape after being
compressed or extended and is designed to store and release energy. See Spring, Oxford Eng.
Dictionary, https://www.oed.com/dictionary/spring_n1?tab=meaning_and_use#21301076 (last
accessed November 28, 2025); Springs, Britannica,
https://www.britannica.com/technology/spring-machine-component (last accessed November 28,
2025). While the bimetal piece in the device does bend or flip, it is not designed to return to its
original form after being compressed or extended nor to store and release energy.
Consequently, the bimetal switch does not operate as a standard snap-action switch and is
an exception to the common definition when the industry refers to it as such. Previous CBP
decisions involving gas fired appliances and thermostats similarly classified bimetal switches as
“other” switches under subheading 8536.50.9065, HTSUSA, rather than as “snap-action, other
than limit” switches under subheading 8536.50.9040, HTSUSA. NY N04898, dated February 2,
2009; NY M87344, dated October 17, 2006.
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Based upon the above, we are denying this reconsideration request and affirming NY
N352330.
Sincerely,
for Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division
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