CLA-2-85:OT:RR:NC:N2:120
Mr. Mark C. Hamilton
C.H. Robinson
4653 World Parkway Circle
St. Louis, MO 63134
RE: The tariff classification of electronic refrigeration defrost controllers from Italy.
Dear Mr. Hamilton: In your letter dated August 18, 2017 you requested a tariff classification ruling on behalf of your client, True Manufacturing Company, Inc., for the classification of five defrost controllers, however you only provided supporting documentation on four of these items. This office will provide a ruling on these four items only. You may resubmit a ruling request for the fifth item at a later date if you so choose.
The subject merchandise identified as series AR2-28, BIT25, BD1-28, and BR1-28, are multi-purpose electronic real time defrost controllers for use in cooler/freezer applications. Series AR2-28 and BIT25 each have a power supply rating of 230Vac and feature an LCD display unit. Series BD1-28 and BR1-28 each have a power supply rating of 100-240Vac and feature an LED display unit. The documentation provided show these devices to be programmable using panel buttons or via an RS485 connection in conjunction with “ZOT”. The internal printed circuit board assembly contains the microprocessor, and memory to store the operating instructions, necessary to independently manage the cooler/freezer compressors, fans, alarms, or other devices connected to the controller’s outputs. The subject controllers are intended to regulate/control the internal temperature and defrost cycles in a cooler/freezer by receiving temperature inputs and data from a thermostat or other attached sensor apparatus. They also control the operation of the compressor and evaporator fan, as well as several alarm sources such as: temperature, door, and condenser high temperature.
In your request, you suggest classification of these items in subheading 8537.10.9170, Harmonized Tariff Schedule of the United States (HTSUS), as control apparatus. We agree with this suggested classification to the eighth digit only. The Explanatory Notes (ENs) to heading 8537, which describe programmable controllers, state in pertinent part that “Programmable controllers are digital apparatus using a programmable memory for the storage of instructions for implementing specific functions… to control… various types of machines.” These controllers, as described, meet the terms provided for in the ENs and would therefore be considered programmable controllers.
The applicable subheading for the AR2-28, BIT25, BD1-28, and BR1-28 series controllers will be 8537.10.9160, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity, …: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” 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 https://hts.usitc.gov/current. 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,
Steven A. Mack
Director
National Commodity Specialist Division