CLA-2-90:OT:RR:NC:N1:105
Beth A. Anderson
Principle Consultant
B.A. Quality Systems Consulting, LLC
46492 381St Ave.
Saint Peter, Minnesota 56082
RE: The tariff classification of Temp Alert Monitors from China
Dear Ms. Anderson:
In your letter dated November 24, 2020, on behalf of NextGen RF Design, you requested a tariff classification ruling.
The first three items under consideration are very similar temperature devices identified as the Temp Alert model TA-1, the Temp Alert model TA-2HL, and the Temp Alert model MTA-1. Each device is described as a temperature monitoring device that, when integrated into an alarm system, has the ability to signal an alert if the temperature is outside of a preset temperature parameter. The devices do not require power sources to function as they operate using bimetallic springs. As the temperature increases or decreases, the spring moves the temperature indicator bar to the proper temperature shown in Celsius and Fahrenheit. In addition to providing a temperature readout, the devices also have two limit arms used to set high and low temperature parameters. Once the room temperature falls above or below the set parameters, the temperature indictor bar comes in contact with one of the preset limit arms, providing closure of the circuit. In order to fully function, the TA-1, TA-2HL and MTA-1 must be connected to a separately imported alarm system. As imported, the devices do not contain an integrated alarm, nor do they have the ability to control the temperature by turning on a heating or cooling unit. Consequently, the TA-1, TA-2HL and MTA-1 all primarily function as thermometers.
The fourth item under consideration is the Temp Alert TA-40, which is described as a temperature switch used to warn a user of freezing temperatures in a room by sending a signal to a hardwired or wireless alarm system. The device measures 2.5 inches in length, by .08 inches in height, by .55 inches in depth. The TA-40 does not contain a temperature reading, indicator bar, or limit arms used to set temperature parameters. The device already contains a set predetermined temperature of 39.5 degrees Fahrenheit. When integrated into an existing alarm system, the open circuit acts as a switch to be used to activate the alarm when the temperature falls below 39.5 degrees Fahrenheit.
The applicable subheading for the Temp Alert TA-1, Temp Alert TA-2HL, and Temp Alert MTA-1 will be 9025.19.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Other: Other: Other: Other.” The general rate of duty will be free.
The applicable subheading for the Temp Alert TA-40 will be 8536.50.9065, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V; connectors for optical fibers, optical fiber bundles or cables: Other switches: Other: Other: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9025.19.8085, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 9025.19.8085, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8536.50.9065, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8536.50.9065, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at: https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the World Wide Web at https://hts.usitc.gov/current.
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 Jason M. Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division