The tariff classification of a Cable Assembly with Sensor from China

N247115 November 21, 2013 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9025.19.8080 Mr. Gary Seyer Hayward Industries, Incorporated 620 Division Street Elizabeth, NJ 07201 RE: The tariff classification of a Cable Assembly with Sensor from China Dear Mr. Seyer: In your letter dated October 5, 2013, you requested a tariff classification ruling. A sample was provided and is being returned. From the sample and the information you have provided, the G1-016002ES Cable Assembly with Sensor is an insulated electric cable, which carries the electricity to titanium electrodes to produce chlorine and to and from an attached thermistor in a specialized housing. The electricity for the titanium electrodes and the thermistor assembly do not interact and are apparently in one cable just for convenience. The thermistor sends back an electrical current which is very closely proportional to the temperature in its location, accurate within 2 degrees Fahrenheit, for use by other devices. It, together with its cabling and housing, has the essential character of a thermometer of heading 9025, Harmonized Tariff Schedule of the United States (HTSUS). The thermometer provides the principal function to the sample under Note 3 to Chapter 90, HTSUS. You suggested classification as a part in heading 8421, HTSUS. However, that is precluded both by Note 1-m to Section 16, HTSUS, and Add. US Rule of Interpretation 1-c, HTSUS, which states, “A provision for parts of an article covers products solely or principally used as a part of such articles but a provision for ‘parts’ or ‘parts and accessories’ shall not prevail over a specific provision for such part or accessory”. You also suggested classification in heading 8533, HTSUS. However, the combination of a thermistor with its cabling and housing is described by heading 9025, HTSUS, and thus 8533, HTSUS, is precluded by Note 1-m to Section 16, HTSUS. This is supported by Harmonized System Explanatory Note (HSEN) II-5-i to 9025 which includes “Resistance thermometers.” You further suggested classification as a part in heading 9032, HTSUS. However, that is precluded by Note 2-a to Chapter 90, HTSUS. This is supported by HSEN II–1 to 9032, which indicates that separately imported electrical measuring devices for use in 9032 apparatus which depend on an electric phenomenon “generally fall in heading 9025,…” You suggest that heading 9025, HTSUS, cannot apply because the import is not “a floating instrument...” However the reference to “similar floating instruments” in the heading to 9025, HTSUS, is to distinguish floating hygrometers for those using other methods, as further explained by HSEN A to 9025. None of the examples of Thermometers in HSEN B to 9025 are described as floating. The applicable subheading for the G1-016002ES Cable Assembly with Sensor will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other" Thermometers, not combined with other instruments. The rate of duty will be 1.8 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division