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NY I87945




November 27, 2002

CLA-2-90:RR:NC:N1:105 I87945

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.8080

Mr. Richard E. Stringham
Richard E. Stringham & Co., Inc.
P.O. Box 919
Tecate, CA 91980

RE: The tariff classification of temperature sensors from Mexico

Dear Mr. Stringham:

In your letter dated October 23, 2002, for Alpha Sensors, you requested a tariff classification ruling.

Two of the samples, PA 2091 and PR 2038, have rather sizeable, casings at the other end from the one with electrical connections. The P1410 and P1402 have only a thin plastic cap at that end. Although you describe all the samples as containing a thermistor, when we removed one of the caps, we did not see any resistor.

You propose classification in 8533.40 for all. However, the resistor is, at most, only a part of each import. Harmonized System Explanatory Note 90.25-B-5 includes resistance thermometers operating by the changes in the electrical resistance of a metal or a semiconductor.

The applicable subheading for the PA 2091 and the PR 2038 will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” thermometers. The rate of duty will be 1.8 percent ad valorem.

Regarding the P1410 and P1402, We are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of the thermistors themselves. Explain where they are located and exactly how they work.

Descriptive literature or a detailed explanation on the use of the item(s). How does each function within “the catheter assembly”?

What makes them “digital thermometers” unlike the other two samples?

Please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

Regarding the PA 2091 and PA 2038, 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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