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HQ 954860


November 3, 1993

CLA-2 CO:R:C:M 954860 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.80

District Director of Customs
605 W. Fourth Avenue
Anchorage, Alaska 99501

RE: Protest No. 3196-92-100142; digital temperature sensor module; eo nomine; thermometer

Dear District Director:

The following is our decision regarding the request for further review of Protest No. 3196-92-100142, which concerns the classification of digital temperature sensor modules from Japan under the Harmonized Tariff Schedule of the United States (HTSUS). The entry of the subject merchandise was liquidated on October 16, 1992. The protest was timely filed on October 29, 1992.

FACTS:

The digital temperature sensor module consists of a high precision thermistor (solid state thermal sensor) and an LCD display. The display is powered by a 1.5 volt battery (not included) and calibrated to display a temperature range of from 25 to 104.9 degrees Celsius.

The merchandise was entered under subheading 8541.10.00, HTSUS, as diodes. Customs in Anchorage, Alaska, issued a CF 29 and reclassified the merchandise as electrical articles for making and breaking electrical connections, etc. under subheading 8535.90.00, HTSUS. The protestant then claimed classification should be under subheading 8531.80.00, HTSUS, as visual signalling apparatus. The entry was liquidated under subheading 8535.90.00, HTSUS.

Classification of the merchandise under subheading 9025.19.80, HTSUS, as hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, and under subheading 9027.50.40, HTSUS, as instruments and apparatus for physical or chemical analysis, are also under consideration.

The subheadings under consideration are as follows:

8541.10.00: Diodes, transistors, and similar semiconductor devices. . . : Diodes, other than photosensitive or light-emitting diodes . . . .

Goods classifiable under this provision have a general, column one free rate of duty.

8531.80.00 Electric sound or visual signalling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530. . . : Other apparatus. . . .

Goods classifiable under this provision have a general, column one rate of duty of 2.7 percent ad valorem.

8535.90.00 Electric apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits. . . for a voltage exceeding 1,000 V:[o]ther. . .

Goods classifiable under this provision have a general, column one rate of duty of 5.3 percent ad valorem.

9027.50.40 Instruments and apparatus for physical or chemical analysis. . .: Other instruments and apparatus using optical radiations. . .:
Electrical: Other. . . .

Goods classifiable under this provision have a general, column one rate of duty of 4.9 percent ad valorem.

9025.19.80 Hydrometers and similar floating instruments, thermometers, pyrometers, barometers. . . : Thermometers and pyrometers, not combined with other instruments: Other: Other. . . .

Goods classifiable under this provision have a general, column one rate of duty of 5.0 percent ad valorem.

ISSUE:

Whether the digital temperature sensor is classifiable as a visual signaling apparatus, or as a non-liquid-filled thermometer under the HTSUS?

LAW AND ANALYSIS:

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

The protestant argues that the merchandise is specifically described under heading 8531, HTSUS, as visual signalling apparatus. Section XVI, note 1(m) states that this section does not cover articles of chapter 90. Therefore, if the digital temperature sensor module is provided for in chapter 90, then it is precluded from being classified under chapter 85.

According to the information provided, the digital temperature sensor module is designed to measure and display temperature. It is a non-liquid filled thermometer. Thermometers are provided for eo nomine under heading 9025, HTSUS. Therefore, the digital temperature sensor module is classifiable under subheading 9025.19.80, HTSUS, as other thermometers, not liquid-filled. By application of Section XVI, note 1(m), the merchandise is precluded from classification under chapter 85.

HOLDING:

The digital temperature sensor module is classifiable under subheading 9025.19.80, HTSUS, as other thermometers, not liquid- filled. You should deny the protest, except to the extent reclassification of the merchandise as indicated above results in a partial allowance.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Lexis, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

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