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NY E87938




October 7, 1999

CLA-2-90:RR:NC:MM:105 E87938

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.8080

Roger M. Ludwig
Ameri-Can CHB
15 Lawrence Bell Drive
Amherst, NY 14221

RE: The tariff classification of an electronic temperature fork from Canada

Dear Mr. Lugwig :

In your letter, dated September 28, 1999, for Marathon Watch Company, you requested a tariff classification ruling.

A thorough, 4 page brochure, but no sample, was submitted. The import is basically a functional, large serving fork with 2 metal prongs, but it also has a built-in sensor to measure the temperature of the meat, a digital display, and a small amount of programmability. If the user has used the buttons to input the type of meat and the desired degree of doneness, the fork will beep when the prongs are inserted into meat which is at or above the temperature that the fork’s permanent memory has stored as appropriate for that setting. The display shows the temperature and the type of meat and degree of doneness that was input.

The item is a composite good in which the elements that measure and display the temperature either give the whole its essential character or are classified in the last heading which describes the components and which equally merits consideration as supplying the essential character.

We note that standard forks are classified in HTS heading 8215 and are considered to be “utensils”, not “instruments”.

The applicable subheading for this item will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for thermometers and pyrometers which are not combined with other instruments, are not liquid filled, and are not clinical. The general rate of duty will be 1.8 percent ad valorem.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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