N083107
CLA-2-85:OT:RR:NC:1:110
Mr. Barry Stark
Hitachi America, Ltd.
50 Prospect Avenue
Tarrytown, NY 10549
RE: The tariff classification of a switch part from Japan.
Dear Mr. Stark:
In your letter dated November 3, 2009 you requested a tariff classification ruling.
The merchandise under consideration is described as the Float N, part number 451735. It is a reed switch float used for detecting the ink fluid level in ink jet printer tanks. The Float N is a molded part made of polypropylene, and measures approximately 51/64 inches long with an outer diameter of 63/64 inches and an inner diameter of 11/32 inches. This float is used to activate a reed switch in response to changes in fluid levels. It moves up and down a tube in direct correspondence with the liquid level in the printer tank reservoir; when the float reaches a certain point, the reed switch closes the circuit and the printer’s central processing unit detects the empty tank. The Float N is designed specifically for use with a reed switch, and is required for the reed switch to function properly. Reed switches with which these floats are used are classified under heading 8536 as other switches for a voltage not exceeding 1,000 V (volts).
In your ruling request you suggest classification of the Float N in 9026.10.6000, which provides for non-electrical apparatus for measuring or checking the level of liquids. This classification would not apply to your device, as it does not perform any measuring or checking. The magnetic float makes no measurements of the ink level. It does not contribute to notifying a user when the ink reservoir is, e.g., half full, or three quarters full (like a fuel level sensor for a car’s gas tank). Instead, the float merely serves to activate a reed switch, indicating the ink level is low. It is not like the float-type level indicator in HS EN II-1 to 9026 in that there is no graduated output.
The applicable subheading for the Float N, part number 451735 will be 8538.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Molded parts.” The general rate of duty will be 3.5 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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division