CLA-2-85:OT:RR:E:NC:1:110
Mr. Miles F. Hoehn
Therm-O-Disc, Inc.
1320 South Main Street
Mansfield, OH 44907
RE: The tariff classification of a bimetallic switch from Canada.
Dear Mr. Hoehn:
In your letter dated January 13, 2009, you requested a tariff classification ruling.
The merchandise under consideration is described as the 10RS Control. The 10RS Control is a bimetallic switch designed for use in gas-fired appliances. It consists of a bracket-mounted housing featuring a “U”-shaped bimetallic strip with a NC (Normally Closed) contact rated for up to 120 volts (V) at 5.75 amps (A). The 10RS Control is designed to be installed in close proximity to the appliance’s gas igniter. When exposed to radiant heat, a temperature differential is created which causes the bimetallic strip to snap and open an electrical circuit to a NO (Normally Open) relay, which then closes an electrical circuit to open a gas valve. Once the heat disperses, the bimetallic strip contracts, closing the contacts, which disconnects power to the gas valve, preventing the flow of gas.
In your ruling request you suggest classification of the 10RS Control as 8536.20.0020 as an automatic circuit breaker. However, this switch is not a circuit breaker, as it does not protect against electrical overcurrent.
The applicable subheading for the 10RS Control will be 8536.50.9065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V: Other switches: 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 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