CLA-2-85:OT:RR:NC:1:110
Mr. Mario Trujillo
Littelfuse, Inc.
8755 W. Higgins Rd.
Chicago, IL 60631
RE: The tariff classification of a ground fault device from Canada.
Dear Mr. Trujillo:
In your letter dated August 20, 2010, you requested a tariff classification ruling.
The merchandise under consideration is the SE-704 Earth-Leakage Monitor. The SE-704 is a microprocessor-based ground-fault device for protecting AC (alternating current) systems that require earth-leakage detection as low as 10 mA (milliamps). It is uniquely suited for very sensitive earth ground fault protection on systems with significant harmonic content. Ground fault devices sense the imbalance caused by a ground fault, which is an unintentional electrical path that flows to earth ground rather than between conductors. When a fault occurs, the ground fault device opens a circuit, thereby preventing electrical shock or damage to equipment or personnel.
The SE-704 measures approximately 2.2 inches wide by 3 inches tall and 4.5 inches deep. The front panel features two rotary type selector switches for selecting one of ten earth ground fault trip levels from 10 to 500 mA and trip times of 55 to 1000 ms (milliseconds); two push-button type switches for testing and resetting the earth ground fault circuitry; and LED (light emitting diode) indicator lights. Its output relay can operate in the fail-safe or non-fail-safe mode for undervoltage or shunt-trip applications, and features isolated output contacts for use in independent control circuits. The SE-704 can be surface, DIN-rail or panel mounted with available adapters and is rated for a maximum voltage of 250 V (volts).
In your letter you suggest classification under subheading 9030.33.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device. However, the SE-704 does not perform any measurements; rather it receives information from sensors indicating levels of current in conductors. When the SE-704 detects a leakage to earth ground in any of the conductors from the information it receives from sensors, the SE-704 opens the electrical circuits supplying power to the equipment, thereby protecting circuits and equipment from damage.
The applicable subheading for the SE-704 Earth-Leakage Monitor 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