CLA-2-90:RR:NC:MM:105 H80947

Mr. William Francis
Magic Customs Brokers, Inc.
80 Everett Avenue
Chelsea, MA 02150

RE: The tariff classification of elements of temperature/humidity monitors from Malaysia

Dear Mr. Francis:

In your letter, dated May 4, 2001, for Sensitech, you requested a tariff classification ruling.

Per your letter and the “as received” label attached to it, the import, imprinted “Made in Malaysia,” will be a black, plastic box, approximately 3.5, by 2, by .6 inches, which has built-in a small red and green light and a female plug. It contains the electronics which, when a temperature sensor or probe plus, perhaps, a relative humidity sensor is attached, will enable the complete item, after additional programming, to record the temperature and, perhaps, humidity history of the package it was placed in. This information can later be downloaded without wires into a PC with appropriate software. The completed item is primarily for packages, such as food products, whose contents will be damaged by inappropriate temperature and/or humidity levels. The completed items will typically be accurate to one degree centigrade and 5 percent relative humidity. You indicate that the value of the import will be between three and twenty percent of the value of the completed device sold to end users.

Samples were also submitted of three devices, apparently functionally complete, but not in their packaging for sale to the end users.

The applicable subheading for this item will be 9025.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments. The general rate of duty will be 1.7 percent ad valorem. The rate of duty is taken from that for 9025.80.10. 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 James Sheridan at 212-637-7037.

Sincerely,


Robert B. Swierupski
Director,
National Commodity
Specialist Division