CLA-2-85:OT:RR:NC:N2:212
Tony Mikami
NGT Controls
21092 Bake Parkway, 104
Lake Forest, CA 92630
RE: The tariff classification of bimetal temperature switches from Japan
Dear Mr. Mikami:
In your letter dated August 12, 2025, you requested a tariff classification ruling.
The merchandise under consideration is described as five (5) models of a Bimetal Thermostat, identified by
model numbers 03EN(54N), 11N, 50N, 52N, and 43. We note that the five models are slightly different in
form, but function identically. The subject devices are further described as bimetal thermal switches, which
are comprised of two metals bonded together in the form of a strip or disc. When the metals are heated, the
difference in expansion rates cause the metal to bend or snap when a certain temperature is reached. This
action either opens or closes an electrical circuit. The subject switch devices are used in various electrical
applications, such as household appliances, HVAC systems, and industrial appliances in order to act as a
protection against excessive heat.
In your request, you suggest that the correct classification for the subject devices should be 8536.50.9040,
Harmonized Tariff Schedule of the United States (HTSUS). We agree with the subheading but find a
different statistical suffix is more appropriate.
The suggested heading, at the statistical suffix level, covers certain “snap-action switches.” These types of
switches typically use a mechanical action to transfer electrical contacts from one position to another.
Though we agree that the device works as an electrical switch, there is no mechanical action that is similar to
a snap-action.
The applicable subheading for the Bimetal Thermostats, model numbers 03EN(54N), 11N, 50N, 52N, and
43, will be 8536.50.9065, HTSUS, which provides for “Electrical apparatus for switching or protecting
electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses,
surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not
exceeding 1,000 V; connectors for optical fibers, optical fiber bundles or cables: Other switches: Other:
Other: Other.” The general rate of duty will be Free.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Japan will be
subject to an additional ad valorem rate of duty of 15 percent. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.02.30, in addition to subheading
8536.50.9065, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Luke LePage at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division