CLA-2-85:OT:RR:NC:1:110
Ms. Sandra C. Serrano-Alvarado
Ashcroft Inc.
250 East Main Street
Stratford, CT 06614-5145
RE: The tariff classification of pressure switches.
Dear Ms. Serrano-Alvarado:
In your letter dated July 18, 2011, you requested a tariff classification ruling.
The items under consideration are pressure switches. From the information that you have provided, the Ashcroft pressure switches are electrical switches that are actuated by a change in pressure of a gas or liquid. When a predetermined value is achieved, the pressure switch will open or close an electrical circuit. The pressure switch will automatically reset when the pressure is restored to normal pressure. The Ashcroft pressure switches consist of an electrical micro switch with normally open (NO) and normally closed (NC) contacts housed within a watertight or explosion proof enclosure with an actuator mechanism. Pressure change applies force to the actuator, which in turn activates the micro switch at a predetermined set point, thereby making or breaking an electrical circuit. Pressure switches designed to open or close an electrical circuit satisfy the requirements of heading 8536, Harmonized Tariff Schedule of the United States (HTSUS).
You suggest classification for the Ashcroft pressure switches in subheading 9032.81, HTSUS, which provides for automatic regulating or controlling instruments and apparatus, hydraulic and pneumatic, other than thermostats and manostats. For an article to be classified in heading 9032, HTSUS, it must meet the terms set in Note 7 to Chapter 90. The note states, in part, that heading 9032, HTSUS, only applies to “Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or temperature,…which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly and periodically measuring its actual value….” While the switches react to changes in pressure, opening and closing a circuit accordingly, they do not perform only the function of giving the instructions, e.g., to a pump, etc, to run or not to run in order to maintain the pressure it measured in the object of interest at the predetermined, desired level. Headquarters Ruling Letter 967295, dated February 14, 2005, did not classify any of those pressure switches in heading 9032, HTSUS. We note that pressure switches are routinely used to activate an alarm, etc, which is far removed from the automatic maintenance of pressure via an actuator.
Specifically regarding your proposed classification in subheading 9032.81, HTSUS, we agree that none of your items are manostats of 9032.20, HTSUS, but the reasons that it does not apply are essentially the same as for their exclusion from heading 9032.
The applicable subheading for the Ashcroft pressure switches will be 8536.50.9065, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…Other switches: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Thomas Campanelli at (646) 733-3016 for heading 8536 or National Import Specialist James Sheridan at (646) 733-3012 for heading 9032.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division