CLA-2-85:OT:RR:NC:N4:120
William J. Polkinhorn
U.S. Customhouse Broker
Bill Polkinhorn, Inc.
2401 Portico Blvd. P.O. Box 712
Calexico, California 92231
RE: The tariff classification of a temperature control switch from Mexico
Dear Mr. Polkinhorn:
In your letter dated March 15, 2016 you requested a tariff classification ruling on behalf of your client, Robertshaw Controls Company.
The merchandise under consideration is referred to as the Temperature Control Switch (Series 81) and is used to control the heating element on residential or commercial electric stoves or ranges used for heating food. The key components include the metal enclosure, rotary operator, bimetal assembly, compensator assembly, and electrical terminals. A sample was submitted and will be retained for demonstrational purposes.
In use, the Temperature Control Switch uses a bimetallic switch with a thermally sensitive resistor to control the temperature of electrical heating elements on a cooking stove. The bimetallic element allows for the contacts to open and close in order to sustain a selected heat level. The rotary switch can be positioned in an infinite number of points to select the desired heat level or it may be rotated counterclockwise to disconnect power from the heating element altoghether.
You suggest classification of the switches in subheading 9032.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic Regulating or controlling instruments and apparatus; parts and accessories thereof: Thermostats: Other.” However, these devices are not of the same class or kind of merchandise classifiable in heading 9032, as dictated by Chapter 90, Note 7 (a) since they are not maintaining a measured factor at a pre-determined value, stabilized against disturbances, by constantly or periodically measuring its actual value.
The applicable subheading for the Temperature Control Switch (Series 81) will be 8536.50.9025, HTSUS, which provides for "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1000 V: Other switches: Other: Other: Rotary: Rated at over 5 A.” The general rate of duty will be 2.7%.
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 Karl Moosbrugger at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division