CLA-2-90:OT:RR:NC:N4:405
Mark Romano
Husky Injection Molding Systems, Inc.
55 Amherst Villa Road
Buffalo, NY 14225
RE: The tariff classification of a Hot Runner Controller from Canada
Dear Mr. Romano:
In your letters dated May 17 and August 25, 2011, you requested a tariff classification ruling. No samples were provided.
The Hot Runner Controller, a component of a plastic injection molding system, has the ability to receive temperature measurements from up to 384 zones primarily to turn on and off heaters to ensure that the plastic resin that is being injected is brought to and is maintained at the predetermined, desired temperature, which is presumed to result in its having therefore the appropriate viscosity. Secondary functions are to turn on and off heaters to bring and maintain (a) the resin at a non-destructive temperature when the injection process is interrupted and (b) the tooling at the desired temperature following an interruption. It includes an operator touch screen used in relatively unusual circumstances.
As we requested, you have attached a copy of Canada Border Services Agency TRS #247211, mailed to you on January 4, 2011. It agreed with your proposed classification in Harmonized System heading 9032.89 for that Hot Runner Controller. It cited and attached CBSA Customs Notice N-795, dated June 15, 1993. That Notice cites the definition of HS 9032 in Note 6(a) to HS Chapter 90. Note 6(a) was renumbered as Note 7(a) in January 2002 and substantial additional language was added to the Note. However, that additional language does not change the applicability of HS 9032 in this case.
As you pointed out, New York Ruling Letter 861890, mailed to Gunther Hot Runner Systems on April 19, 1991, classified “microprocessor temperature controllers” for injection molding machines in HTSUS 9032.89.6040.
We agree that the applicable subheading for the Hot Runner Controller will be 9032.89.6040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic regulating or controlling instruments and apparatus, “Other” Process control instruments and apparatus, Temperature control instruments. The rate of duty will be 1.7% 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