CLA-2-85:OT:RR:NC:N1:112

Eric Ma – Team Leader
KN Customs Brokers
700-535 Thurlow St.
Vancouver, British Columbia
V6E 3L2
Canada

RE: The tariff classification of an energy monitoring unit from China or Hong Kong

Dear Mr. Ma:

In your letter dated October 6, 2010, you requested a tariff classification ruling on behalf of your client, Rainforest Automation Inc.

The item concerned is referred to as an energy monitoring unit (EMU). The EMU measures approximately 14cm x 10.1cm x 3.2cm and weighs 160 grams. The EMU is a display panel that incorporates a dot matrix LCD screen. Along one side of the display screen is a green/amber/red LED indicator light; along the opposite side of the display are 2 interface/selection buttons. The back portion of the housing incorporates magnets which allow the display to be attached to a refrigerator or it could simply be placed, in a standing position, on a counter/table.

The EMU displays real-time energy use, pricing and billing data, and other utility-mandated information, which is communicated to the EMU from a linked “smart meter”. The EMU displays the utility’s peak pricing status to the user via the green/amber/red LED indicator lights. The EMU maintains a “ZigBee” wireless link to the user’s smart meter and retrieves meter data automatically every 15 minutes, or on demand. The unit has a 150ft wireless range and operates on standard AA batteries.

The applicable subheading for the energy monitoring unit (EMU) will be 8531.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus…: Indicator panels…: Incorporating LCD’s”. The rate of duty 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 the ruling, contact National Import Specialist Steven Pollichino at (646) 733-3008.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division