CLA-2-85:OT:RR:NC:N2:209
Aaron Marx
Crowell & Moring , LLP
1001 Pennsylvania Ave NW
Washington, District of Columbia 20912
RE: The tariff classification of temperature sensors from Mexico and China
Dear Mr. Marx:
In your letter dated June, 4, 2020, you requested a tariff classification ruling on behalf of your client, Therm-O-Disc.
The items in question consist of a diode-type NTC (Negative Temperature Coefficient) thermistor assembly. These articles are used as sensors to facilitate the temperature measurement of various appliances such as heat pumps, HVAC units, furnaces, boilers, floor heating, refrigeration and freezing systems, humidifiers, dishwashers, laundry machines, automotive applications, and others.
There are five model #’s in question. They are referred to as:
• 20J9S0148, an NTC thermistor, whose resistance varies as a function of temperature, and includes lead wires, a shell to accommodate customer mounting preferences, and is potted with sealing epoxy.
• 20J9R0134, an NTC thermistor, whose resistance varies as a function of temperature, and includes lead wires, a shell with a flange to accommodate customer mounting preferences, and is potted with sealing epoxy.
• 20J9E0077, an NTC thermistor, whose resistance varies as a function of temperature, and includes a connector subassembly, a shell to accommodate customer mounting preferences, and is potted with sealing epoxy.
• 20J1E0042, an NTC thermistor, whose resistance varies as a function of temperature, and includes metal terminals for attachment, and an insert molded into a plastic connector with mounting features to accommodate customer mounting preferences, with the NTC thermistor
exposed to the air.
• 20J1B0099, an NTC thermistor, whose resistance varies as a function of temperature, and includes a connector subassembly, a threaded shell to accommodate customer mounting preferences, and is crimped to provide a seal.
The primary function of these thermistor assemblies is to resist the flow of electrical current as the temperature changes. The device is not intended nor does it contain a readout of the temperature to display to the user. The temperature determinations are used solely by the internal components of the machine in which they are installed.
The applicable subheading for each of the thermistor assemblies (model #’s 20J9S0148, 20J9R0134, 20J9E0077, 20J1E0042, 20J1B0099) will be 8533.40.8070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof: Other variable resistors, including rheostats and potentiometers: Other.. Other... Other.” The rate of duty will be Free.
Regarding the thermistor assemblies manufactured in China:
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8533.40.8070, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8533.40.8070, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the 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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division