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NY E89029




November 2, 1999

CLA-2-90:RR:NC:MM:105 E89029

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.90.0000

Ms. Janet Raible
Import Compliance
Honeywell Inc.
16404 North Black Canyon Highway
Phoenix, AZ 85023

RE: The tariff classification of Smart Temperature Transmitters from France

Dear Ms. Raible:

In your letter, dated October 12, 1999, you requested a tariff classification ruling. Extensive documentation, but no sample, was provide regarding the STT350, STT35F, and STT25H.

All are described by:
“These universal input models readily accept signals from a wide variety of industry standard thermocouples (T/Cs) or resistance temperature detectors (RTDs) as well as basic millivolt or Ohms sensors. The output signal is either proportional to the measured variable or linearized to temperature.” And

“(They) are suitable as a replacements for any conventional or most smart temperature transmitters in use today. The memory contains the characteristics of most commonly used temperature sensors.”

All the technical specifications relating to their measurement ranges and accuracy are given in degrees of temperature, not in any other measurements such as pressure or rate of flow. While it is possible to usefully connect sensors other than temperature sensors (not limited to pyrometers) to these transmitters, that would clearly not be the norm.

These “transmitters” do not send out information via the air waves, but have all inputs and outputs by electrical wires. They serve as the interface to convert the raw electrical data produced by the temperature sensor into a standardized electrical signal more compatible with the system it is used within. They cannot by themselves measure temperature, but they are identifiable as parts or accessories, suitable for use principally with pyrometers and thermometers. Note 2-b to and General Explanatory Note III to Harmonized System Chapter 90 are noted.

You propose classification “under HTS 9026.80.2000, which provides for ‘other instruments and apparatus; Electrical’.” However, while HTS 9026 provides for instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (including their parts and accessories) and temperature is a variable of liquids and gases, HTS 9025 provides for pyrometers and thermometers (including their parts and accessories). The more specific heading is preferred, generally, by the Harmonized System General Rule of Interpretation 3-a and, specifically, by its Explanatory Note c to 9026, which excludes from 9026 the apparatus covered by 9025.

The applicable subheading for this item will be 9025.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides (including its rate determination) for parts and accessories of thermometers, which are not combined other instruments and not liquid filled. 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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