LG Electronics USA, Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632
RE: The tariff classification of a programmable thermostat and a dry contact for a thermostat from South Korea
Dear Ms. Cho:
In your letter dated December 2, 2016, you requested a tariff classification ruling.
The merchandise covered by your request consists of two products, identified as an LG Programmable Wired Remote Controller (Model # PREMTB10U) and a Modbus Dry Contact for Thermostat (Model # PDRYCB300).
The LG Programmable Wired Remote Controller is a programmable wall-mounted thermostat for indoor heating and air conditioning systems. The product enables a user to select a desired temperature setpoint to be maintained while an inbuilt temperature sensor monitors the indoor temperature. When the temperature falls outside of the desired setpoint, the controller sends instructions to activate the heating/cooling units to bring the temperature back to the desired level. The thermostat has advanced features, such as the ability to schedule time frames for the thermostat’s operation and adjust fan speeds. The thermostat is capable of working with multiple heating and cooling units in a given space, though it only does so to maintain the temperature in a single indoor zone.
The Dry Contact for Thermostat, which is comprised of electrical terminals, switches, and connectors on a printed circuit board and mounted within a plastic enclosure, is an apparatus that serves as the interface between existing LG indoor heating and cooling units and third party thermostats or controllers. The Dry Contact for Thermostat enables a user to install a third party (i.e. non-LG brand) thermostat into an existing heating and cooling system. The dry contact unit connects to both the third party thermostat and the indoor heating and cooling systems, and acts as the intermediary between the two. Instructions from the thermostat are sent to the dry contact unit, and are subsequently conveyed to the heating and/or cooling units, enabling them to act on said instructions (heat/cool, on/off, etc.).
It should be noted that the Dry Contact for Thermostat does not function as a thermostat itself. It possesses neither the ability to monitor the temperature of an indoor environment, nor the means to select a desired temperature setpoint. Instead it works in conjunction with a separate thermostat, relaying instructions from the thermostat to the heating and cooling units to which it is connected.
Based on the information provided, the LG Programmable Wired Remote Controller meets the terms of Note 7 of Chapter 90, and would thus be considered a thermostat of heading 9032. The Dry Contact for Thermostat is designed to be used with thermostats of 9032, however, Note 2(a) to Chapter 90 indicates that parts and accessories which are goods included in any of the headings of chapter 84, 85, 91, or elsewhere in 90 are in all cases to be classified in their respective headings. As the Dry Contact for Thermostat is covered by a heading in Chapter 85, it is more appropriately classified in that chapter.
The applicable subheading for the LG Programmable Wired Remote Controller will be 9032.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Thermostats: For air conditioning, refrigeration or heating systems: Designed for wall mounting.” The rate of duty will be 1.7 percent ad valorem.
The applicable subheading for the Dry Contact for Thermostat when imported separately from the LG programmable thermostat will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The rate of duty will be 2.7 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 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 Evan Conceicao at email@example.com.
Steven A. Mack
National Commodity Specialist Division