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NY J83636




April 25, 2003

CLA-2-90:RR:NC:N1:105 J83636

CATEGORY: CLASSIFICATION

TARIFF NO.: 9028.30.0000

Mr. Greg Endom
Mashita Eletronics
Post Office Box 1652
Martinez, CA 94553-0652

RE: The tariff classification of a Watt-Minder from China

Dear Mr. Endom:

In your letter dated April 17, 2003, you requested a tariff classification ruling.

Your literature and sample are of your “Watt Minder” wattmeter that a consumer can plug into a wall socket and then plug a device that uses electricity into it. After the device has been plugged in for a period, preferably several days or more if it is a device which cycles off for extended periods, e.g., a refrigerator, the wattmeter will be able to estimate and display the weekly, monthly, etc. cost of electricity it uses, assuming that the user has input his local cost per kilowatt-hour and that the device’s usage was typical.

You propose classification in HTS 9030. However, that Heading excludes the electricity supply meters of HTS 9028. Harmonized System Explanatory Note II to 9028 explains that 9028 differs in that it measures the total amount of electricity or energy consumed, not just the flow at a given moment. Harmonized System Explanatory Note I to 9028 clarifies that the meters of the heading may show their readings in dollars by doing an internal price-calculation.

The applicable subheading for your Watt Minder will be 9028.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electricity meters. The rate of duty will be 2.5 percent ad valorem plus $.16 each.

The sample is being returned to you in a separate mailing.

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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