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NY E88866




December 8, 1999

CLA-2-90:RR:NC:MM:105 E88866

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Blythe Severson
Home and Building Control
Honeywell, Inc.
Transportation and Customs
MN10-1464
1985 Douglas Dr N
Golden Valley, MN 55422-3992

RE: The tariff classification of thermostats from Mexico and Taiwan

Dear Ms. Severson :

In your letter, dated November 4, 1999, you requested a tariff classification ruling.

You have provided no sample but documentation concerning T8700A, TP907A, TS810A, TS8602A.

All these devices have either a built-in thermometer or will be connected to an external one. When the measured temperature in the monitored space(s) falls above and-or below a given temperature, they will send a signal (perhaps proportional to the difference between the current temperature and the desired temperature) to heating and-or cooling apparatus to operate or to turn off until the space(s) reach(es) the desired temperature range. The imports are thus doing the “brain work” to maintain the temperature of the space(s) in the desired range for an extended period via having the temperature measured constantly or periodically and controlling the heating-cooling apparatus accordingly. Programmable versions can automatically change the desired temperature range up to several times a day depending, primarily, on the day of the week and the time of day. It is also possible that other closely related information, such as the temperature reported from an outdoor thermometer or the time needed for the heating-cooling device to achieve high efficiency, will also be taken into account when they “decide” to turn the heating-cooling on or off.. The imports are all essentially automatic replacements for a superintendent’s or a home-owner’s manually adjusting the heating and-or cooling source to keep the occupants and their possessions from getting too hot or too cold. This is easily within the limitation of HTS 9032 via Note 6 to HTS Chapter 90.

You state, “To the best of our knowledge...Honeywell HBC has not previously sought a binding ruling on this commodity from any Customs officer.” However, note for any future requests that you must provide “a statement as to whether classification (HTS or TSUS) advice had been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any”, which is not limited to information concerning binding ruling requests.

You indicate that, to the extent that the full stock number has an additional four digit suffix, the only differences between those with different suffixes will be cosmetic features such as color.

We agree that the applicable subheading for these items will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for thermostats for air conditioning, refrigeration or heating systems, designed for wall mounting. The general rate of duty will be 1.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Regarding the Y7100, you have provided only “Ordering Specifications”, which provide no description of exactly what the device does or how it does it. You need to provide information similar to what you provided on the other models.

When this information is available, you may wish to consider resubmission of your request in regard to that model. If you decide to resubmit your request, please include your original request letter that we have returned to you (to the extent it concerns that model)and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section

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 above, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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