N021564 N0 Ruling Active

The tariff classification of an SGD Weather Station from China

Issued January 28, 2008 by U.S. Customs and Border Protection.

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N0 N021564 (January 28, 2008)

Tariff classification

HTS codes: 9025.80.3500

Headings: 9025

GRI rules applied: GRI 3

Product description

The sample, 9001150, has a thermometer, a hygrometer, and a clock. Each has metal dial(s) and is about 6 inches in diameter and 1.5 inches deep, in a metal frame. The three are separately secured to a larger metal frame. The readings of each are independent of the others. From the information you supplied, the total cost for thermometer and hygrometer measurement is several times that for the measurement of time. The clock is not an atomic clock receiving time signals via RF, but an ordinary quartz based clock. No accuracy statement is made for any of the three. Neither the thermometer nor the hygrometer has a source of electricity so we assume that their methods of measurement are not “electrical” per HTSUS Chapter 90, Additional U.S. Note 2. We consider the items classifiable in HTSUS heading 9025, the thermometer and the hygrometer, to provide this composite good’s essential character. Within HTSUS 9025, we consider the thermometer and hygrometer to equally merit consideration in providing the essential character, and the subheading for hygrometers appears later, noting HTSUS General Rule of Interpretation 3-c.

CBP rationale

The applicable subheading for the SGD will be 9025.80.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-“electrical,” non-recording, hygrometers and psychrometers.

Full text

N021564 January 28, 2008 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9025.80.3500 Ms. Sidestra Elvi LISS Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of an SGD Weather Station from China Dear Ms. Elvi: In your letter dated December 31, 2007, you requested a tariff classification ruling. A sample was provided. The sample, 9001150, has a thermometer, a hygrometer, and a clock. Each has metal dial(s) and is about 6 inches in diameter and 1.5 inches deep, in a metal frame. The three are separately secured to a larger metal frame. The readings of each are independent of the others. From the information you supplied, the total cost for thermometer and hygrometer measurement is several times that for the measurement of time. The clock is not an atomic clock receiving time signals via RF, but an ordinary quartz based clock. No accuracy statement is made for any of the three. Neither the thermometer nor the hygrometer has a source of electricity so we assume that their methods of measurement are not “electrical” per HTSUS Chapter 90, Additional U.S. Note 2. We consider the items classifiable in HTSUS heading 9025, the thermometer and the hygrometer, to provide this composite good’s essential character. Within HTSUS 9025, we consider the thermometer and hygrometer to equally merit consideration in providing the essential character, and the subheading for hygrometers appears later, noting HTSUS General Rule of Interpretation 3-c. The applicable subheading for the SGD will be 9025.80.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-“electrical,” non-recording, hygrometers and psychrometers. The rate of duty will be 1.4 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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