CLA-2-85:OT:RR:E:NC:1:110
Mr. Troy Alexander Briceno
Bill Polkinhorn, Inc.
2401 Portico Boulevard
Calexico, CA 92231
RE: The tariff classification of thermal cut-offs from Hong Kong.
Dear Mr. Briceno:
In your letter dated December 12, 2008, you requested a tariff classification ruling on behalf of your client, Robertshaw Controls Company.
The merchandise under consideration are five Thermal Cut-Offs, part numbers 46939, 51993, 52249, 52250, and 52251. A thermal cut-off is designed to interrupt an electrical circuit when the ambient temperature of the environment in which they are used exceeds a narrow threshold or set-point. They are used in various products such as small appliances, power strips, automotive, office automation, HVAC and gas fired heater systems. When the operating or environmental temperature exceeds the thermal rating of the thermal cut-off, a non-conductive, organic pellet changes phase, which allows spring-activated contacts to permanently open the electrical circuit to which it is connected. These thermal cut-offs are non-resettable (one-shot) devices, and must be replaced if triggered. From the information you provided, all five thermal cut-offs are rated for a maximum 250 Volts (V) and 25 Amps (A).
The applicable subheading for the Thermal Cut-Offs, part numbers 46939, 51993, 52249, 52250, and 52251, will be 8536.30.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits: 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 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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division