CLA-2-90:OT:RR:NC:N4:405
Troy Crago-Edwards
Atico International USA, Inc. 501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a power consumption meter from China.
Dear Mr. Crago-Edwards:
In your letter dated November 29, 2010, you requested a tariff classification ruling. No sample was provided. The merchandise at issue is described as a power consumption meter (item # A015GA00160). The article is intended for household use, and is capable of displaying a number of elements related to the electricity use of an appliance. The device contains an LCD display on the face of the device, and is designed to be plugged into a household electrical outlet. The appliance would then be plugged into the power meter, where its power consumption will be measured and displayed by the power meter.
The power meter can display voltage, current, wattage, line frequency, and power factor, as well as the total power consumed (displayed in kilowatt hours, or kWh). The meter is also capable of providing an estimate of the cost of the energy used and the amount of greenhouse gases (GHG) emitted (based on user-entered parameters for cost and GHG per kWh). The power meter can record the total electrical consumption of an appliance for up to seven months, and can display this information on the LCD screen.
While the power consumption meter can display measurements of voltage and current, the primary purpose of the device is to record and display the total electricity consumed in kWh. The device’s display of total energy cost and GHG emitted are an extension of this purpose (the figures determined by multiplying the number of kWh consumed by the user-entered figures). In this respect the power consumption meter is similar to the Electricity Supply or Production Meters described in Harmonized Explanatory Note II to Heading 9028. Also, HTSUS Heading 9030, which includes voltage and current meters, explicitly excludes the meters of HTSUS Heading 9028.
The applicable subheading for the power consumption meter will be 9028.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electricity meters. The rate of duty will be 16 cents + 1.5% 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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division