CLA-2-85:OT:RR:NC:N4:120
Laurie Bartholmy
Import Export Specialist
Thermo Ramsey Inc.
501 90th Avenue, N.W.
Minneapolis, MN 55433
RE: The tariff classification of conveyor protection switches from China and Italy. Dear Ms. Bartholmy: In your undated letter received on February 29, 2016, you requested a tariff classification ruling.
The merchandise under consideration are four conveyor protection devices identified as the Pro-Line Tilt Switch Control, Model 20-43; the Belt Misalignment Switch, Model ROS; the Safety Pull Switch, Model SPS; and the Tripper Position Switch, Model TPS. These devices are typically used in conveyor operations by identifying when equipment position have exceeded preset parameters and interface with operator consoles to notify the user when such an event occurs.
Model 20-43 is described as a tilt switch control unit which is used in monitoring conveyor operations. This unit is housed in a “NEMA 4X” box with two indicator lights inside a clear front enclosure. A green light indicates normal operation while a red light indicates an alarm condition. Its internal components consist of a solid state printed circuit board and a mercury switch, the latter of which activates normally closed electrical contacts to open when the unit tilts 15 degrees or more from its vertical position. Consequently, the red alarm indicator light illuminates and an alarm signal is sent to an external panel.
Models ROS, SPS, and TPS are each encased in a metal housing and are all identical in internal composition. The internal components of each model consist of two cams, two distinct single pole double throw (SPDT) micro-switches, and an actuation shaft. Attached to each actuation shaft is an “actuator arm” that is triggered by a specific action of the conveyor, e.g. belt misalignment, emergency shutdown, and tripper position. When a part of the conveyor makes contact with the actuator arm, the actuator arm turns the actuation shaft which causes the cams to rotate and open the SPDT switches, thereby sending an electrical signal to the operator. These three switch models are designed to operate by monitoring the position and tracking of the conveyor belt, the emergency shutdown of the conveyor, or to indicate the position of a tripper on the conveyor with multiple discharge points, respectively. Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
In your ruling request, you suggest classification for all four conveyor protection switches under subheading 8431.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: Of elevators and conveyors.” However, in order for an item to be classified as a “part” of an article, that item must be necessary to the completion of the article, and the article must be unable to function without that part. In this case, the conveyor protection switches are not integral to the function of the conveyor; rather, they are subsidiary to the conveyor. The conveyor protection switches merely monitor and indicate the position of conveyor operation and perform additional electrical functions based on that information. Therefore, by virtue of Note 2(a) to Section XVI, classification in heading 8431, HTSUS, is precluded.
The three subject conveyor protection switches are identified as electrical apparatus for switching electrical circuits, and are specifically provided for in heading 8537, HTSUS, as each enclosure consists of two distinct limit switches which, when closed, make an electrical connection. Thus, under the authority of GRI 1, the subject conveyor protection switches will be classified there.
The applicable subheading for the Pro-Line Tilt Switch Control, model 20-43, will be 8531.20.0040, HTSUS, which provides for: “Electrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms): Indicator panels incorporating liquid crystal devices (LCD’s) or light emitting diodes (LED’s): Other.” The general rate of duty will be Free.
The applicable subheading for the Belt Misalignment Switch, model ROS; the Safety Pull Switch, model SPS; and the Tripper Position Switch, model TPS, 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 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 Karl Moosbrugger at: [email protected]. Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division