Attorney in Fact
Evans and Wood & Co., Inc.
900 Town and Country, Ste 150
Houston, TX 77024
RE: The tariff classification of an Energy Monitor from China.
Dear Ms. Reeder:
In your letter dated July 6, 2012, on behalf of Jasco Products Company, you requested a tariff classification ruling. A sample was provided.
You describe the import as an “Energy Monitor” that consists of two parts. According to your letter, “The lower part has a plastic housing which is 3.5 inches tall by 2.5 inches wide, and houses a wall tap: the back of the lower part has a three-prong polarized plug, and the front has a three-prong polarized receptacle. The upper part has a plastic housing approximately 2.5 inches square, which houses an LCD readout screen, to indicate energy, cost, CO2, and energy count. The two parts are tethered together by an insulated cord which is 48 inches long.
“This device is used to measure and monitor electrical energy consumption and costs in the home. It functions as an electricity meter to read energy consumption in several different ways so that the home resident can determine how much energy is consumed by a given appliance in the home. It can display energy consumed in kilowatt hours, and provide an estimate of the cost of the energy used, and the amount of CO2 emitted as greenhouse gases, for that energy consumption. It can record the electricity consumed by the appliance and display an hourly, daily, weekly or yearly total.
“To use the energy monitor, the home resident plugs the lower part into a wall outlet, and plugs the appliance to be monitored into the receptacle in the front of the lower part of the device. The device can then monitor the energy consumption of the appliance. The upper LCD readout part can be placed on the appliance or on a nearby piece of furniture where it will be conveniently accessible to the resident. The resident can obtain the desired readout by pressing the appropriate button.
“The energy monitor has two added features, that of a surge protector in the lower part, and a timer in the upper part. The surge protector feature protects the appliance being monitored. The timer can be programmed to turn the appliance on and off at predetermined times in order to help reduced energy consumption be the appliance. Both of these features are subsidiary to the primary function of the device which is to measure electrical energy consumption.”
Although the import can also measure various electrical properties occurring at that moment, HTSUS heading 9030, which includes “other” instruments and apparatus for measuring or checking electrical quantities, specifically excludes the meters of HTSUS 9028.
Harmonized System Explanatory Note B to 9028 indicates that it includes electric supply meters when they included additional features such as those indicating the consumption above a peak value or prepayment meters, which calculate the electricity used in conjunction with the cost per unit.
In terms of General Rule of Interpretation 3-b, we find that the essential character of the import is given by its ability to measure and display the cumulative electricity use over a chosen period, which is described in HTSUS 9028.
We agree that the applicable subheading for the Energy Monitor 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%.
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.
Thomas J. Russo
National Commodity Specialist Division