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NY I85216




September 9, 2002

CLA-2-90:RR:NC:N1:105 I85216

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.90.0000

Mr. Craig M. Schau
Emery Customs Brokers
694A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of a Thermometer Probe Assembly from Mexico

Dear Mr. Schau:

In your letter dated August 9, 2002, for GE Thermometrics, you requested a tariff classification ruling.

The sample, A316F, is essentially a cylinder about 4 inches long and .2 inches in diameter. Two metal wires are sticking out at one end, and there is a hemispherical metal cap at the other end.

You state that it contains a thermistor (a temperature dependent resistor). It is clearly attached to insulated wiring that contains the two wires. The wiring is encased in a hollow, rigid, plastic cylinder with a small bore hole for the wiring. The plastic cylinder would enable the metal cap to be pushed for several inches within someone’s mouth or rectum. Since the device contains only a thermistor that is effected by temperature, it is clear that it will have an outside power source and that an outside element will deduce the temperature encountered by the change in the circulation of the outside power caused by the thermistor’s change in resistance.

You state that it will be used as a part of a child’s oral/rectal fever thermometer. It is readily identifiable as such.

You cite in your letter’s heading HTS’s 8536, 9025, and 9032, apparently indicating your belief that one of them contains the correct classification of your sample.

You do not explain and we do not understand why you would propose either 8536 or 9032.

Thermistors imported separately are classified in HTS 8533. However, your item contains important elements such as the wiring and the plastic shaft, which are not described by that heading. Your item is better described as a thermometer probe assembly. Note Court of Appeals for the Federal Circuit decision 00-1263, dated April 19, 2001.

The applicable subheading for your sample will be 9025.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, parts of thermometers. The rate of duty will be 1.8 percent ad valorem, derived from 9025.19.80.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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