CLA-2-38:OT:RR:NC:N2:238
Mr. B. Rietveld
Douane Advies Bureau Rietveld
G. Buwaldaweg 16
9551 VS Sellingen
Netherlands
RE: The tariff classification of WarmMark® and ColdMark® Temperature Indicators, from the Netherlands
Dear Mr. Rietveld:
In your letter dated March 9, 2010, you requested a tariff classification ruling.
The ColdMark® Temperature Indicator is a self activating monitoring tool that provides a visual, non-reversible record of temperature exposure below the temperature value of the indicator. This record occurs by a change of the bulb fluid from clear and colorless, to a uniform violet color.
The operating component of the ColdMark® Indicator is a glass capillary tube formed with a bulb at one end. This glass piece is filled with a specially formulated colorless fluid in the bulb, and a violet-colored fluid and a green-colored fluid in the capillary tube stem. The green fluid separates the bulb fluid from the violet fluid. The bulb fluid is formulated to freeze at the temperature value of the indicator. A closed cell foam piece is placed around the glass stem to secure the position of the stem and also to insulate that portion of the bulb fluid located in the stem. For protection purposes, the glass piece and foam are placed in a package consisting of a thermoformed PVC top cover adhered to a paperboard underside. The paperboard is coated with a pressure sensitive adhesive covered by a release liner. When the release liner is removed, the adhesive allows convenient attachment of the Indicator to most clean, dry surfaces.
The fluids in the ColdMark® Indicator expand and contract with temperature variations and move back and forth in the stem of the glass component. As the temperature of exposure decreases, the fluids contract and the green and violet fluids move closer to the glass bulb. When the ColdMark® Indicator is exposed to temperatures below the temperature value of the indicator for some 30 minutes, the colorless bulb fluid solidifies and contracts. The reduction in volume of the bulb fluid pulls the color fluids into the bulb, and the bulb changes from clear and colorless to cloudy with streaks of violet. When the Indicator is warmed to a temperature above the temperature value of the indicator again, the bulb fluid returns to a liquid state and irreversibly changes to a uniform violet color.
The WarmMark® components are a track strip of blotter paper running length of the tag, a blotter paper pad saturated with a red-dyed chemical specially formulated to melt at the tag's response temperature, and a strip of barrier film separating the track strip and the saturated pad.
WarmMark® Tag is prepared for use by storing the tag for a minimum of 30 minutes at least 5°C below the response temperature. Then the WarmMark® Tag is applied by peeling the release liner off the back of the tag and applying the pressure sensitive adhesive backing to a dry surface. Then, if the tag is exposed above its response temperature, the chemical in the pad melts and begins to migrate down the track strip and color in the circular windows at a controlled rate. When the temperature falls below the response temperature, migration of the chemical stops. Accuracy of the WarmMark® Tag is guaranteed to be within 1° above or below the response temperature
As one alternative classification you suggest that these products may be classifiable as thermometers of Heading 9025, Harmonized Tariff Schedule of the United States (HTSUS). We respectfully disagree. The item is not a thermometer of 9025. A thermometer is an instrument for measuring temperature by means of a substance whose expansion and contraction under different degrees of heat and cold are capable of accurate measurement. It is a device that measures temperature or temperature gradient using a variety of different principles. A thermometer has two important elements: the temperature sensor (e.g. the bulb on a mercury thermometer in which some physical change occurs with temperature, plus some means of converting this physical change into a value (e.g. the scale on a mercury thermometer). Like the exemplars provided in Explanatory Note (B) to Heading 9025, HTSUS, thermometers are reversible and reusable.
WarmMark® and ColdMark® are temperature exposure indicators which can only indicate that a certain temperature was reached at one time in the past. Both indicators are highly accurate and manufactured to respond within +/- 1° C of their specific pre-set response temperatures. When the temperature reaches the point where it could damage the goods being monitored, the change in the indicator is noticeable, irreversible and tamper-proof. Their efficacy is provided by the volume reduction characteristics of the chemicals utilized. Dyes are employed for the recordation of the indicated changes
The applicable subheading for both the WarmMark® and the ColdMark® Temperature Indicators will be 3822.00.5090, HTSUS, which provides for "Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; …: Other: Other." The duty rate will be free.
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 Heading 9025, contact National Import Specialist James Sheridan at (646) 733-3012. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division