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NY L88068




November 8, 2005

CLA-2-90:RR:NC:N1:105 L88068

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060; 8537.10.9070

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

RE: The tariff classification of parts of Variable Speed Circulators from Canada

Dear Ms. Ganley:

In your letters dated May 9 and October 5, 2005, you requested a tariff classification ruling.

You requested the classification of the VR (Outdoor Reset), VS (Setpoint), and VV (Variable Voltage) populated printed circuit boards, which are used as integral, internal parts of your Variable Speed “00” Circulating Pumps. The motors for the circulators range from 1/25 to 1/6 horsepower. We understand that they will routinely be imported in separate shipments from the other components of the circulators, never as elements of kits.

You sent three samples with your October 5 letter. However, they appeared to NIS J. Sheridan to be just three samples of the same model with different size capacitors. You confirmed that in NISA J. Wilson’s telephone call to you, and you sent three other samples, which arrived on October 17, 2005.

The boxes of the October 17 samples are marked VR, VS, and VV. All three boards are labeled Made in Canada.

All three are populated printed circuit boards, about 3 inches in length and width, with many electrical connectors, ICs, capacitors, LEDs, etc. Also, each has a DIP switch (Dual In-Line Package) containing either 3 to 5 miniature on-off electrical switches that enable the user to change its internal electrical connections and thus options, ranges, etc.

None appeared to include any measuring device, such as a temperature sensor, but, from their users manuals, the VR and VS would normally receive an electrical input from one or more external sensor, not part of the sample, at minimum one temperature sensor.

The VR has a user potentiometer control that is imprinted Curve and goes from .2 to 2.2; the VV has none at all. You state that the VV is a “Dumb Pump,” has no on board controls, and receives an external signal from the energy management system in a building.

The VS has a user potentiometer control that is imprinted Range and goes from 1 to 10. Per pages 3 and 4 of the 00-VS Instruction Sheet, the numbers 1 to 10 will be equivalent to a specific range of degrees F° depending on the user’s setting on and off of its DIP switches. A typical range is 120 F° to 165 F°. The set point chosen will essentially determine what temperature will be maintained in the water whose temperature is measured by the attached sensor by changing the action of the circulator.

Although the VS lacks an element sensitive to changes in temperature, one of the main components of a thermostat per Harmonized System Explanatory Note I-D to 9032, that does not, per se, prevent it from being an incomplete thermostat, noting EN II-2 to 9032.

Although you proposed classification in HTS 9032 for all three items in your May 9, 2005 letter, you did not respond to our questions, in our June 8, 2005 letter to you, on how you arrived at that conclusion so we take it that that is no longer your position. Per NIS J. Sheridan’s telephone call to Bruce Newp of Taco, he would apply the commercial term “thermostat” to the VS, but not to either the VR or VV.

The applicable subheading for the VS will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Thermostats for air conditioning, refrigeration or heating systems. The general rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the VV will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 85.35 or 85.36, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 85.17, For a voltage not exceeding 1,000 Volts. The general rate of duty will be 2.7 percent ad valorem.

Regarding the VR, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

What is the Variable Speed VR module regulating? Please explain fully.

Does the Variable Speed VR module contain the necessary components to measure/monitor water temperatures of the supply and return water? If so, how does it accomplish this?

Are there any sensors within the Variable Speed VR module?

Please explain the functions of the heating curve dial and the 5-on/off switches.

Can the Variable Speed VR module be set to maintain water temperature without being wired to a thermostat? Would that be the usual method of operation?

Are there any other separately housed components necessary for the Variable Speed VR module to function? If so, will these components be connected by wires directly to the VR or through a separate control panel?

Does the Variable Speed VR module supply voltage to other components? If so, what are the operating voltages of all components?

Per Chapter Note 7 to HTS Chapter 90, is the Variable Speed VR module’s function only to give the instructions to bring the water temperature in the system to, and maintain it at chosen temperature, stabilized against disturbances? If so, how is the chosen temperature input by the user into the module and what are the “disturbances”?

From NIS J. Sheridan’s telephone call to B. Newp, it appears that the input of outside temperature information to the VR is primarily to enable it to perform a calculation for settings of the circulator to “smooth out” the heating curve by giving advance warning, in effect, of the likely demands on the heating system in the future. Please explain this in more detail.

If you decide to resubmit your request, please include all of the material relating to the VR that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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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