N022082 N0 Ruling Active

The tariff classification of water and air flow sensors from an unknown country

Issued February 8, 2008 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9026.80.2000, 9026.10.2040

Headings: 9026

Product description

We found no attached data or material as stated in your request. However, at our request by telephone, on January 18, you did fax 6 pages regarding the Principle of Operation and Overview of the Water Flow Sensor (WFS) and the Air Flow Sensor (AFS). From the faxed information, both contain, in addition to a thermistor, a resistive heater and the electronics in a housing to arrive at the water or air flow by a calculation involving both the temperature of the heater and the fluid. The WFS can measure flow rates from .05 to 2 gallons per minute. The AFS has a flow rate range of 0 to 1,800 linear feet per minute. The output of both is an electric current which accurately reflects the flow rate of the fluid so they are electrical per HTSUS Chapter 90, Additional U.S. Note 2.

CBP rationale

The applicable subheading for the WFS will be 9026.10.2040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “electrical” flow meters for liquids.

Full text

N022082 February 8, 2008 CLA-2-90:OT:RR:E:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9026.10.2040; 9026.80.2000 Ms. Mary Day-Durban Thermodisc Inc. 1320 South Main Street Mansfield, OH 44907 RE: The tariff classification of water and air flow sensors from an unknown country Dear Ms. Day-Durban: In your letter dated January 16, 2008, you requested a tariff classification ruling. No sample was provided. We found no attached data or material as stated in your request. However, at our request by telephone, on January 18, you did fax 6 pages regarding the Principle of Operation and Overview of the Water Flow Sensor (WFS) and the Air Flow Sensor (AFS). From the faxed information, both contain, in addition to a thermistor, a resistive heater and the electronics in a housing to arrive at the water or air flow by a calculation involving both the temperature of the heater and the fluid. The WFS can measure flow rates from .05 to 2 gallons per minute. The AFS has a flow rate range of 0 to 1,800 linear feet per minute. The output of both is an electric current which accurately reflects the flow rate of the fluid so they are electrical per HTSUS Chapter 90, Additional U.S. Note 2. The applicable subheading for the WFS will be 9026.10.2040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “electrical” flow meters for liquids. The general rate of duty will be free. . The applicable subheading for the AFS will be 9026.80.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, “electrical” flow meters for gases. The general rate of duty will be free 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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