CLA-2-85:OT:RR:NC:1:110
Mr. Neil R. Trenchard
Siemens Corporation
170 Wood Ave. South
Iselin, NJ 08830
RE: The tariff classification of control modules for a building automation system from Switzerland.
Dear Mr. Trenchard:
In your letter dated March 12, 2009, you requested a tariff classification ruling.
The merchandise under consideration is five modules for a building automaton system (BAS). The BSA system is capable of controlling and monitoring all relevant building services automatically for heating, ventilation, air conditioning, lighting, automatic window blinds, safety and security systems, access control and electrical power distribution systems, etc. The five modules are the 16 point DI (TXM1.16D), 6 point DO with Relay (TXM1.6R), 6 point DO with Relay and Manual Override (TXM1.6R-M), 8 point Universal with local override/identification device (TXM1.8U-ML) and the 8 point Super Universal with LOID (TXM1.8X-ML). Each module features LED (Light Emitting Diode) status lights and is specifically designed for use with Siemens APOGEE and DESIGO BAS systems.
The 16 point DI (TXM1.16D) is a digital input module that provides data to the controller from sensors and other field devices. It is specifically designed to monitor the status of other devices and does not open or close any circuits. The 6 point DO with Relay (TXM1.6R) is a digital output module that also incorporates analog input and output relays that send a variable voltage or current to control devices through six normally open (NO) or normally closed (NC) contacts rated for a maximum of 250 volts (V) at 4 amps (A). The 6 point DO with Relay and Manual Override (TXM1.6R-M) is similar in all aspects to the TXM1.6R, and adds a manual override switch to the module. The 8 point Universal with local override/identification device (TXM1.8U-ML) is a universal module that provides supply voltage for peripheral devices such as valves and actuators. This module features a local override/identification device (LOID), which includes a signal display in the form of a liquid crystal display (LCD). The universal module allows its relays to be individually configured as digital input, analog input, or analog output contacts to best meet the specific application. Contacts are rated for 10 V. The 8 point Super Universal with LOID (TXM1.8X-ML) share all of the TXM1.8U-ML universal module features and provides analog input current of 4-20 mA, analog output current of 4-20 mA and 24 V supply voltage to sensors.
In your letter you suggest classification under 9032.90.6080, Harmonized Tariff Schedule of the United States (HTSUS), as parts of apparatus classified in heading 9032. However, there is no indication that these items (or the larger systems they are used in conjunction with) simply give the instructions to “maintain” a “factor,” which is the “only” function for heading 9032 per its definition in Note 7 to HTSUS Chapter 90. Also, even if these were identifiable parts or accessories of 9032 instrument or apparatus, they are excluded from Chapter 90 by its Note 2 (a) since they are, in themselves, included in a heading of Chapter 85.
The applicable subheading for the 16 point DI module (TXM1.16D) will be 8538.90.8080, HTSUS, which provides for “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Other: Other: Other.” The general rate of duty will be 3.5 percent ad valorem.
The applicable subheading for the 6 point DO relay modules TXM1.6R, TXM1.6RM, and the Universal modules TXM1.8U-ML and TXM1.8X-ML will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 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 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