Mr. Mark C. Hamilton
4653 World Parkway Circle
St. Louis, MO 63134
RE: The tariff classification of electrical connectors, temperature probes, and defrost controllers from Italy.
Dear Mr. Hamilton:
In your letter dated August 31, 2017 you requested a tariff classification ruling on behalf of your client, True Manufacturing Company, Inc.
The first item under consideration is the S-28-FG Control Mounting Bar. This is a plastic mounting bar used to attach a defrost controller to the cabinet in a refrigerator or freezer. It is made of plastic, and mounts to the controller, and also has holes to then affix the controller to the freezer/refrigerator. You suggest classification of the Control Mounting Bar in subheading 8538.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for molded plastic parts solely or principally used with the apparatus of heading 8535, 8536, or 8537. We disagree as the mounting bar is not an integral, constituent, or component part, without which the defrost controller or the refrigerator/freezer that it is used with could not function.
The second and third items are identified as the OMC1502001 2-pole terminal block connector and the OMC1F06001 6-pole terminal block connector. These terminal blocks are constructed of polyamide plastic and use set screws to attach the insulated wires. You suggest classification of the terminal block connectors in 8536.69.4051, HTSUS, which provides for ribbon or flat cable connectors. We disagree as these two connectors are not ribbon or flat cable connectors and are more accurately described as terminals in subheading 8536.90, HTSUS.
The fourth item is the SNB4B series of temperature probes which are designed to measure the temperature in a refrigerator/freezer unit. The probes are capable of measuring the temperature within an accuracy of 1.5° Celsius and can relay this information to a control unit via wire. Based on the information provided, the temperature probes are imported separately from the control unit to which they would relay the temperature data. You suggest classification of the temperature probes in subheading 9032.90.6120, HTSUS, which provides for parts and accessories of thermostats. While the temperature probes may be intended for use with a thermostat of heading 9032, Note 2(a) to Chapter 90 states 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 (excluding three exceptions that don’t apply in this instance). The temperature probes at issue are included in heading 9025, and thus would be excluded from classification in subheading 9032.90 per Note 2(a).
The fifth item is the LED display/input unit which is used in the temperature control system to display the current temperature of the appliance and allow user input of the desired temperature and settings for the defrost cycles. The LED display functions as an operator control panel and has several pushbuttons that are used to program the controller, set alarms, and adjust the temperature of the unit. You have suggested classification of the LED display/input unit in 8537.10.9170, HTSUS. We agree. The applicable subheading for the S-28-FG Control Mounting Bar, which is constructed from plastic and is not better classified elsewhere, will be 3926.90.9996, HTSUS, which provides for “other articles of plastics…: other: other…other.” The general duty rate will be 5.3 percent ad valorem.
The applicable subheading for the OMC1502001 2-pole and OMC1F06001 6-pole terminal block connectors will be 8536.90.4000, 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 1,000 V: Other apparatus: Terminals, electrical splices and electrical couplings; wafer probers." The general rate of duty will be Free.
The applicable subheading for the SNB4B temperature probes will be 9025.19.8080, 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.” The general rate of duty will be 1.3 percent ad valorem.
The applicable subheading for the LED display/input unit 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 general 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 Karl Moosbrugger at firstname.lastname@example.org.Sincerely,
Steven A. Mack
National Commodity Specialist Division