HQ 0089930 - Pump control relay; pump motor control; automatic water timer; Heading 9107; ENs 91.07; Chapter 91, note 3; Chapter 91, Additional U.S. Note 1(d); watch or clock movement; H. Conf. Rep. No. 576; ENs 85.36 (I)(C); ENs 85.37; ENs 84.81; Generalized System of Preferences. - United States International Trade Commision Rulings

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HQ 089930

November 18, 1991

CLA-2 CO:R:C:M 089930 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.41.00; 8537.10.00; 8481.80.90

District Director
U.S. Customs Service
880 Front Street
Room 5-S-9
San Diego, CA 92188

RE: Pump control relay; pump motor control; automatic water timer; Heading 9107; ENs 91.07; Chapter 91, note 3; Chapter 91, Additional U.S. Note 1(d); watch or clock movement; H. Conf. Rep. No. 576; ENs 85.36 (I)(C); ENs 85.37; ENs 84.81; Generalized System of Preferences.

Dear District Director:

This is in reply to internal advice request number 38/91 of June 18, 1991, regarding the classification of pump control relays, pump motor controls, and automatic water timers used in sprinkling and watering systems.

FACTS:

The subject pump control relay (PCR) may be used with a sprinkler timer possessing a 24 volt circuit output to activate 120 volt or 240 volt pump motors, up to 2 horsepower.

The subject pump motor control (PMC) provides on/off control for pumps using the master valve or pump start wire of an irrigation controller. It electronically relays the start and stop time of the watering system timing mechanism to the pump motor.

The subject automatic water timer (AWT) is attached between the hose bib faucet and hose. It allows the user to set the amount of gallons of water via a dial for an automatic shut off once the desired amount has been dispensed. An approximate time
expressed in hours is also provided on the dial. The AWT also possesses a constant flow feature which overrides the automatic shutoff and regulates the flow of water dispensed.

ISSUE:

Whether the subject PCR is properly classifiable within heading 9107, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[t]ime switches with clock or watch movement or with synchronous motor."; or classifiable within heading 8536, HTSUSA, which provides for "[e]lectrical apparatus for switching or protecting circuits, or for making connections to or in electrical circuits (for example, switches, relays . . . for a voltage not exceeding 1,000 V:"

Whether the subject PMC is properly classifiable within heading 9107, HTSUSA, or classifiable within heading 8537, HTSUSA, which provides for "[b]oards, panels . . . and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity . .

Whether the subject AWT is properly classifiable within heading 9107, HTSUSA, or classifiable within heading 8481, HTSUSA, which provides for "[t]aps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof:"

LAW AND ANALYSIS:

Classification under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classifi- cation is determined first in accordance with the terms of the headings and any relative Section or Chapter notes.

Heading 9107, HTSUSA, provides for time switches with a clock or watch movement. It is claimed that the subject PCR and PMC satisfy the terms of this heading. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that this heading covers devices which do not have the character of clocks of heading 91.05, but are mainly designed to make or break electric circuits automatically at given times. ENs 91.07, p. 1547 (1991). To be included in this heading these devices must have a movement of the watch or clock type. ENs 91.07. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUSA. H. Conf. Rep. No. 576, 100th

Cong., 2d Sess., p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. Accordingly, we view the above ENs instructive for interpreting heading 9107, HTSUSA.

A "watch" or "clock" movement is described as a device regulated by a balance-wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated. Chapter 91, note 3; Chapter 91, Additional U.S. Note 1 (d); See also ENs 91.08, p. 1548 (1991). The PCR and PMC do not satisfy the above description. They do not contain a "watch" or "clock" movement, nor are they capable of determining intervals of time. The PCR electronically relays start and stop instructions from a timer to a pump motor, and the PMC provides on/off control for pumps. Accordingly, the PCR and PMC do not satisfy the terms of heading 9107, HTSUSA, and thus are not properly classifiable therein.

Heading 8536, HTSUSA, provides for "[e]lectrical apparatus for switching or protecting electrical circuits . . . (for example, switches, relays . . ." Relays are described as electrical devices by means of which a circuit is auto- matically controlled by a change in the same or another circuit. ENs 85.36 (I)(C), p. 1389. The PCR satisfies this description. It electronically relays the start and stop time instructions from a timer to a pump motor for a 24 volt pump circuit output. Subheading 8536.41.00, HTSUSA, provides for relays for a voltage not exceeding 60 V. The subject PCR satisfies the terms of this subheading. It is a relay for a 24 volt circuit. Accordingly, the PCR is properly classifiable within this subheading.

Heading 8537, HTSUSA, provides for "[b]oards, panels . . . and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution for electricity . . ." These articles consist of an assembly of apparatus of the kind referred to in the two preceding headings (e.g., switches and fuses) on a board, panel etc., or mounted in a cabinet, desk, etc. ENs 85.37, p. 1391. The goods of this heading vary from small switchboards with only a few switches, fuses, etc. to complex control panels for machine-tools, rolling mills, power stations, radio stations, etc., including assemblies of the articles in the text of this heading. ENs 85.37. The PMC satisfies this description. It provides on/off control for pumps using the master valve or pump start wire of an irrigation controller. Subheading 8537.10.00, HTSUSA, provides for this type of apparatus for a voltage not exceeding 1,000 V. The PMC is for apparatus of 120 and 220 V. Accordingly, it satisfies the terms of this subheading and is classifiable therein.

Heading 8481, HTSUSA, provides for "[t]aps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like . . ." This heading covers valves used in pipes or the like to regulate the flow (for supply, discharge, etc.) of fluids (liquid, viscous or gaseous). ENs 84.81, p. 1321. These appliances regulate the flow by opening or closing an aperture. ENs 84.81. The AWT satisfies this description. It is used in a sprinkler system to regulate the flow of water in gallons and approximate watering time by the opening and closing of an aperture. Subheading 8481.80.90, HTSUSA, provides for "other" appliances of this heading. The AWT satisfies the terms of this subheading. Accordingly, it is properly classifiable within this subheading.

It is also claimed that the subject AWT satisfies the terms of heading 9107, HTSUSA. As stated previously, the devices of this heading must have a movement of a "watch" or "clock" type. The AWT does not satisfy this description. It measures the amount of water which flows through an impeller. This type of device is not a movement of the "watch" or "clock" type. Therefore, the AWT does not satisfy the terms of this heading and is not classifiable therein.

HOLDING:

The PCR is classifiable within subheading 8536.41.00, HTSUSA, which provides for relays for a voltage not exceeding 60 V; dutiable at the General Column 1 rate of 5.3 percent ad valorem. It is stated that the all of the subject merchandise will be made in Mexico. Mexico is designated as a beneficiary developing country for purposes of the Generalized System of Preferences (GSP). If the PCR meets the legal requirements for eligibility under the GSP, it would be duty free.

The PMC is classifiable within subheading 8537.10.00, HTSUSA, which provides for "[b]oards . . . other bases, equipped with two or more apparatus of heading 8535 or 8536 for the electric control of electricity . . . for a voltage not exceeding 1,000 V.", dutiable at the General Column 1 rate of 5.3 percent ad valorem. If the PMC meets the legal requirements for eligibility under the GSP, it would be duty free.

The AWT is classifiable within subheading 8481.80.90, HTSUSA, which provides for "other" appliances of this heading dutiable at the General Column 1 rate of 3.7 percent ad valorem. If the AWT meets the legal requirements for eligibility under the GSP, it would be duty free.

You should advise the internal advice applicant of this decision and forward them a copy.

Sincerely,

John Durant, Director
Commercial Rulings Division

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