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HQ 964754




January 15, 2002

CLA-2 RR:CR:GC 964754 AML

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.41.00

Ms. Julie S. Johnson
Import Compliance Specialist
Honeywell H&BC
1985 Douglas Drive North
Golden Valley, MN 55422

RE: Reconsideration of NY F89832; Time delay relay module

Dear Ms. Johnson:

This is in reference to your letter, dated November 28, 2000, to the National Commodity Specialist Division, New York, requesting reconsideration of New York Ruling Letter (NY) F89832, issued to you on August 15, 2000, which concerned the classification of a time delay relay module (model # ST82U) under the Harmonized Tariff Schedule of the United States (HTSUS). Your request was forwarded to this office for reply. NY F89832 classified the time delay relay module (model # ST82U) under subheading 8536.49.0080, HTSUS, which provides for other electrical delays. Descriptive literature was forwarded for our consideration. We have reviewed NY F89832 and believe that the classification set forth is incorrect.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625 (c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), a notice was published on December 12, 2001, in Vol. 35, No. 50 of the Customs Bulletin, proposing to revoke NY F89832 and to revoke the treatment pertaining to the time delay relay module. No comments were received in response to this notice.

FACTS:

The article was described in NY F89832 as follows:

As indicated by the submitted descriptive literature, the relay, identified as the ST82U family, is described as operating on a time delay principle. It contains a time delay circuit that enables the relay to function at a specified time period.

In your November 28, 2000, letter, you state that the descriptive information and prints provided with your original ruling request indicate that the voltage of the time delay relay family is 24 volts. NY F89832 classified the time delay relay module (model # ST82U) under subheading 8536.49.0080, HTSUS, which provides for other electrical delays, with the term “other” referring to articles with voltages exceeding 60V but not exceeding 1000V.

Literature provided with your request describes the function of the articles as follows:

The ST82 time delay relay is used in compressor-run air conditioning and heat pump systems. The ST82 delays the indoor blower shut-off after the compressor has shut off.

ISSUE:

Whether the “family” of time delay relay modules, model # ST82U (including model # ST82U1004) is classifiable under subheading 8536.41.00, HTSUS, which provides for other electrical relays for a voltage not exceeding 60V?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRIs) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes[.]”

The HTSUS provisions under consideration are as follows:

8536 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V:
Relays:
8536.41.00 For a voltage not exceeding 60 V: 8536.49.00 Other.

The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. Customs believes the ENs should always be consulted. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The ENs to Chapter 85 provide, in pertinent part, that the chapter covers “certain electrical goods not generally used independently, but designed to play a particular role as components, in electrical equipment, e.g., capacitors (heading 85.32), switches, fuses, junction boxes, etc. (heading 85.35 or 85.36).” The ENs to heading 8536 provide, in pertinent part, as follows:

These apparatus consist essentially of devices for making or breaking one or more circuits in which they are connected, or for switching from one circuit to another; they may be known as single pole, double pole, triple pole, etc., according to the number of switch circuits incorporated. This group also includes change-over switches and relays.

(C) Relays are electrical devices by means of which the circuit is automatically controlled by a change in the same or another circuit. They are used, for example, in telecommunication apparatus, road or rail signalling apparatus, for the control or protection of machine-tools, etc.

The various types can be distinguished by, for example:

(2) The predetermined conditions on which they operate: maximum current relays, maximum or minimum voltage relays, differential relays, fast acting cut-out relays, time delay relays, etc.

The time delay relay modules are classifiable at GRI 1 under heading 8536, HTSUS. The evidence presented in the letter requesting reconsideration, corroborated by the descriptive literature, demonstrates that “the voltage of this time delay relay family is 24 volts.” Such articles with voltages not exceeding 60V are classifiable under subheading 8536.41.00, HTSUS. The time delay relay modules will be so classified.

HOLDING:

The “family” of time delay relay modules, model # ST82U (including model # ST82U1004) is classifiable under subheading 8536.41.00, HTSUS, which provides for other electrical relays for a voltage not exceeding 60V. EFFECT ON OTHER RULINGS:

NY F89832 is revoked. In accordance with 19 U.S.C. §1625 (c), this ruling will become effective sixty (60) days after its publication in the Customs Bulletin.

Sincerely,

John Durant, Director

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