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HQ 089989

November 23, 1991

CLA-2 CO:R:C:M 089989 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.50.00; 9029.10.80; 9028.90.00

Mr. Gordon W. Larson
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 144
El Paso, TX 79942

RE: TRS TRC Register Cap Assembly; Touch Button Sensor Assembly; ECR Register Remote Touch Pad Assembly; Electromechanical Counter Assembly; Generator Module; Generator Register; EN 85.04(III); EN 90.28(I); EN 90.29(A)

Dear Mr. Larson:

This is in response to your letter of July 23, 1991, concerning the classification of a TRS TRC register cap assembly, a touch button sensor assembly, an ECR register remote touch pad assembly, an electromechanical counter assembly, a generator module, and a generator register under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

In its imported condition, the TRS TRC register cap assembly consists of a magnet wire coil and core mounted by means of a push-on nut inside a plastic housing (the terminal cap) which is potted with an epoxy compound. You claim that the article is an inductor which is used as an accessory to a touchread system water meter register. It is attached directly to a water meter register and, by means of inductive coupling, it permits electronic reading of the meter's totalization of water consumption.

The touch button sensor assembly is identical to the TRS TRC register cap assembly except that its plastic housing is not designed to allow direct attachment to a water meter register. Instead, it is soldered to an insulated three-conductor electrical cable in lengths of six, twenty, or fifty feet. Again, you claim that it is an inductor which is fitted into a housing and mounted in a location remote to a water meter register. The cable is connected to the register. By inductive coupling, the device permits remote electronic reading of the meter register's totalization of water consumption.

The ECR register remote touch pad assembly is an assembly consisting of a magnet wire coil and core mounted inside a plastic housing which is potted with an epoxy compound. It functions the same as the touch button sensor assembly. The only difference is that it is already mounted in its final housing and rather than having an electrical cable attached to it, the housing is provided with two electrical terminals to which a cable will be attached at the time of installation in order to connect it with a register. By means of inductive coupling, it permits electronic reading of a meter's totalization from a location remote to the meter.

The electromechanical counter assembly is an odometer display housed in a plastic package, approximately four inches square by one inch thick. The odometer display is operated by an electromechanical solenoid assembly contained within the plastic package. The item is mounted at some location remote to a generator register, which is mounted directly on a water meter. The counter assembly is electrically connected to the generator register by means of an electrical cable. The generator register produces a six volt DC pulse after every fixed quantity of water consumption. This pulse is transmitted by means of the interconnecting electrical cable to the electromechanical counter assembly, where by the action of its electromechanical solenoid assembly, the counter assembly indexes one digit per pulse so the water meter's totalization can be monitored by visual reading of its odometer display.

The generator module consists of a plastic frame which is divided into an upper and lower segment. The lower segment contains a permanent magnet molded within a plastic holder. The magnet assembly rotates inside a pair of steel housings to which is attached a coil of magnet wire. Also included in the lower segment is a coil spring which is wound by the rotation of the magnet assembly. The upper segment of the frame contains a plastic gear train consisting of three reduction gears, the largest gear being part of an assembly containing a non-reversing clutch.

The module is a sub-assembly which will become part of a generator register. The generator register in operation is mounted directly to a water meter which contains a permanent magnet assembly which is caused to rotate by the flow of water. The magnet assembly contained in the lower portion of the generator module by magnetic coupling is also caused to rotate. The rotation of the magnetic assembly in the generator module winds the coil spring. When a predetermined amount of tension is reached on the spring (which represents the flow of a certain volume of water), the cam assembly of the gear train releases the magnet assembly allowing the spring to unwind, which causes the magnet assembly to rapidly rotate in the opposite direction. The magnet assembly acts as the armature of a DC generator (dynamo) and its rapid rotation induces an electrical field in the coil which is mounted in close proximity to it. The rapid build-up and decay of this electrical field creates a six volt DC pulse which is used to feed an EMC counter. The other reduction gears in the gear train concurrently act to drive an odometer in the generator register.

The generator register is an assembly consisting of a generator module and an odometer, encased in a sealed housing. It will be attached to a water meter. By means of magnetic coupling, the water meter feeds data, denoting water consumption, to the generator module incorporated in the register. Attached to the gear train portion of the module is an odometer which indicates the amount of water consumption. The housing has two electrical terminals for use in connecting an electrical cable to allow an indication of water consumption on an electromechanical counter assembly mounted at a location remote to the generator register.

ISSUE:

What is the proper classification of the subject merchandise under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

You argue that the TRS TRC register cap assembly, the touch button sensor assembly, and the ECR register remote touch pad assembly are classifiable as inductors under subheading 8504.50.00, HTSUSA, which provides for: "[o]ther inductors." In understanding heading 8504, HTSUSA, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 85.04(III) (p.1339), HTSUSA, provides:

(III) INDUCTORS

These consist essentially of a single coil of wire which, inserted in an AC circuit, limits or prevents by its self- induction the flow of the AC. They vary from small chokes used in wireless circuits, instruments, etc., to large coils often mounted in concrete, used in power circuits (e.g., for limiting the flow of current in the event of a short circuit).

It is our opinion that the TRC TRS register cap assembly, the touch button sensor assembly, and the ECR register remote touch pad assembly are classifiable as inductors. All three devices incorporate coils of wire wound on a coil form. They all use inductive coupling to permit electronic reading of the meter's totalization of water consumption.

You next claim that the electromechanical counter assembly is classifiable under subheading 9029.10.80, HTSUSA, which provides for: "[r]evolution counters, production counters, taximeters, odometers, pedometers and the like: [o]ther." Explanatory Note 90.29 (A) (p. 1521), HTSUSA, states that "[t]his heading includes:

Counters indicating a total number of units of any kind (revolutions, items, length, etc.), or an amount to be paid. But the heading excludes totalling devices of a kind falling in heading 84.73, the gas, liquid or electricity supply or production meters of heading 90.28, and opisometers or planimeters of heading 90.17 or 90.31."

Explanatory Note 90.28(I) (p. 1519), HTSUSA, provides, in part, that:

[s]upply or production meters consist essentially of the measuring device (turbine, piston, diaphragm, etc.), the mechanism for regulating the admission of fluid (generally slide valves), the transmission (endless screw, camshaft, gears or other systems), and a recorder or an indicator (pointer or drum type) or both.

You argue that the electromechanical counter assembly is both an indicating device and part of a totalling device. Because the above excerpt of Explanatory Note 90.28(I), HTSUSA, appears in the conjunctive, you claim that, for the item to be classifiable under heading 9028, HTSUSA, it must have a measuring device, a regulator, a transmission, and a recorder or an indicator. We agree with this interpretation. However, we do not agree with the proposition that the item is part of a totalling device.

It is our position that the electromechanical counter assembly is a counting device, not just a part of one. The counter assembly (odometer) monitors the consumption of water through the water meter. Therefore, the item is a counting device specifically provided for in heading 9029, HTSUSA.

Finally, you argue that the generator module and the generator register are classifiable as parts of water meters under subheading 9028.90.00, HTSUSA, because they are parts that are not provided elsewhere in chapters 84, 85, or 90, HTSUSA. It is our position that, as with the electromechanical counter assembly, the generator module and the generator register are specifically provided for as counting devices in heading 9029, HTSUSA. The ultimate purpose of both devices is to monitor water consumption through an odometer. True, they are parts of water meters, but they are specifically provided for in heading 9029, HTSUSA.

HOLDING:

The TRS TRC register cap assembly, the touch button sensor cap assembly, and the ECR register remote touch pad assembly are classifiable under subheading 8504.50.00, HTSUSA, which provides for: "[o]ther inductors." The general, column one rate of duty is 3 percent ad valorem. However, if the regulations of the Generalized System of Preferences are met, then the rate of duty is free. The electromechanical counter assembly, the generator module, and the generator register are classifiable under subheading 9029.10.80, HTSUSA, which provides for: "[r]evolution counters, production counters, taximeters, odometers, pedometers and the like: [o]ther." These items are free of duty.

Sincerely,

John Durant, Director
Commercial Rulings Division

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