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NY L84895




June 8, 2005

CLA-2-90:RR:NC:N1:105 L84895

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.8080

Ms. Heather Ganley
Taco, Inc.
1160 Cranston Street
Cranston, RI 02920

RE: The tariff classification of Outdoor Sensor and Strap on Sensor from Canada

Dear Ms. Ganley:

In your letter dated May 10, 2005, you requested a tariff classification ruling.

You state: “The outdoor sensor is made up of a temperature sensor built into a plastic housing and the strap on sensor is made up of wires with a sensor on the end. The outdoor sensor and the strap on sensor can be used with several products including, but not limited to, the Radiant Mixing Block and the i Series Valves. I have enclosed literature which shows the sensors uses with both products, explains their function and a sample for your review.”

Both will have an electric output quite exactly proportional to the temperature at their location.

Your propose classification in HTS 9032.89.6025. However, in themselves they cannot carry out the function described in Note 7 to HTS Chapter 90. Even if they could be identified as parts of 9032 apparatus, they are excluded from 9032 via Note 2-a to Chapter 90 because they are, in themselves, covered by HTS 9025.

The applicable subheading for both the outdoor and strap on temperature sensors will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for thermometers, not liquid filled, not clinical, and not combined with other instruments. The rate of duty will be 1.8 percent ad valorem.

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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