Ms. Donna Hiltpold
The Stanley Works
480 Myrtle St.
New Britain, CT 06053
RE: The tariff classification of Energy Meters from China.
Dear Ms. Hiltpold:
In your letter dated December 31, 2009, you requested a tariff classification ruling. No sample was provided.
“The meter plugs into most household appliances and automatically calculates the average costs of the appliances by hour, month, and year. With this meter, you would be able to track the cost of a household appliance and save cost on home energy.”
It is clear that the meter must total the electricity consumed for an extended period to be able to make estimations of the average cost of the appliance’s electricity usage in dollars since the appliance’s usage will normally vary.
The dollar projection is clearly based on a measurement of the Kw-hour usage for a given period of time, and the meters of 9028 can perform the simple calculation of the Kw-hour usage multiplied by the rate per Kw-hour and then display it to save the user a step as in Harmonized System Explanatory Note I to 9028.
We agree that the applicable subheading for the Energy 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 each plus 1.5 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 J. Sheridan at 646-733-3012.
Robert B. Swierupski
National Commodity Specialist Division