CLA-2-85:OT:RR:NC:1:110
Mr. John N. Politis
Politis, Nangano & Politis
1055 West 7th Street, Suite 2288
Los Angeles, CA 90017
RE: The tariff classification of the WR2 Wireless Sensor System from Mexico.
Dear Mr. Politis:
In your letter dated July 7, 2010, you requested a tariff classification ruling on behalf of your client, Rain Bird Corporation.
The merchandise under consideration is the WR2 Wireless Sensor system. A sample was submitted with your ruling request and will be returned to you. The WR2 Wireless Sensor system consists of a Controller Interface, a Wireless Sensor, mounting hardware, and an instruction manual packaged together for retail sale. The WR2 Wireless Sensor system is designed to enhance the control and operation of an installed irrigation system. It saves water and extends the system’s life by automatically sensing precipitation and interrupting irrigation during rain and low temperature events.
The Controller Interface is a 24 Volt (V) controller measuring approximately 6 inches tall by 3 inches wide by 1¼ inches deep. It consists of a plastic housing containing a printed circuit board assembly (PCBA) populated with various passive, active and radio frequency (RF) components, including a relay. The cover of the housing flips open to reveal a display screen and four push-button switches. The Controller Interface is designed to be mounted on a wall and connected via wiring harness to an Irrigation Controller of a residential or commercial irrigation sprinkler system.
The Wireless Sensor is a battery operated rain and temperature sensor that utilizes RF technology. It consists of a plastic housing measuring approximately 2 inches by 1¾ inches and is 5½ inches tall. Fiber disks within the housing expand when exposed to rain and shrink when dry, moving an actuator on a variable resistor, the resistance change of which is measured by a microprocessor against the rainfall set points established by the Controller Interface. The Wireless Sensor transmits this information to the Controller Interface, which in turn controls the operation of the Irrigation Controller by overriding the on/off controls or the duration of time function of the system as necessary, depending on the measured rainfall and ambient temperature. The Wireless Sensor is designed to be mounted to a rain gutter, wall, fence, or similar structure.
The Controller Interface allows the user to establish set points required for the operation of the Wireless Sensor. Using the push-button switches on the keypad, the user may choose from several different pre-programmed rainfall and temperature set points. Alternately, the user can manually program rainfall and temperature set points appropriate for local environmental and soil conditions. These set points are transmitted wirelessly to the Wireless Sensor, establishing a baseline rainfall amount or temperature for its operation.
In your ruling request you suggest classification of the WR2 Wireless Sensor system under subheading 9026.10.2080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking the flow or level of liquids. While the system is capable of detecting rainfall, and measuring how much rain has fallen, within limited parameters, the primary purpose of the device is to activate and deactivate irrigation sprinklers. According to the information in the device’s manual, a user can select one of six rainfall “set-points”, ranging from ? of an inch to ½ inch. After the sensor system determines that the “set-point” has been reached, the Controller Interface will interrupt the irrigation systems controller to shut off the sprinklers. The Controller Interface is able to provide an approximate reading of how much rain has fallen, relative to the “set-point”, but this capability to show the level of rain fallen (imprecise as it may be) is subsidiary to the system’s primary purpose. The same rationale applies to the sensor system’s ability to determine the air temperature. The Controller Interface allows a user to select one of three temperature “set-points”, and when the air temperature falls below that set-point, the sprinklers will not function. The temperature sensing capability is subsidiary to the Wireless Sensor System’s chief purpose, which is to activate and deactivate a sprinkler system. In this respect the Wireless Sensor System is little different from a more advanced example of the systems described in Headquarters Ruling Letter 950835 – JAS, April 9, 1992, and New York Ruling Letter J87604 – 112, August 22, 2003. As an alternative to Heading 9026, you suggest classifying the WR2 system under subheading 9032.89.6085, HTSUS, which provides for “other” automatic regulating or controlling instruments and apparatus.
Harmonized System Explanatory Note I to Heading 9032 states that automatic control apparatus for liquids or gases, as detailed in Note 7(a) to Chapter 90, essentially consist of a device for measuring the variable to be controlled, a control device which compares the measured value with the desired value, and a starting, stopping, or operating device.
The WR2 system does not meet these criteria. The value the system is designed to measure is different from the factor it is designed to control. Specifically, the WR2 system measures rainfall, as well as temperature, but it does not control either of these factors. Instead, it uses the information it collects to determine whether a sprinkler system should be activated or deactivated. At the same time, the sensor does not measure how much water the sprinkler system has expelled, turning it off when it has reached a certain level of saturation. A similar conclusion was reached in Headquarters Ruling Letter 950835. It was determined that the rain sensor covered by that ruling controlled the flow of water from a sprinkler, but measured a different variable, specifically how much rainwater it had collected in the sensor. Since the factor that was controlled was different from the variable that was measured, Heading 9032 did not apply. The same holds true for the WR2 Wireless Sensor System.
As imported, the Controller Interface, a Wireless Sensor, mounting hardware, and instruction manual meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The Controller Interface clearly provides the essential character of this set.
The applicable subheading for the WR2 Wireless Sensor System will be 8537.10.9060, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets, and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” 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 8537 or National Import Specialist James Sheridan at (646) 733-3012 for headings 9026 and 9032.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division