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NY L89043




December 14, 2005

CLA-2-90:RR:NC:N1:105 L89043

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9060, 8537.10.9070, 9030.39.0040

Mr. Terry Bolen
Dristeem Corporation
14949 Technology Drive
Eden Prairie, MN 55344

RE: The tariff classification of a Processor Board Part #530010-031, Supply Board Part #530010-030 and a Current Sensing Transformer Part #5300100 from Switzerland

Dear Mr. Bolen:

In your letter dated October 28, 2005, you requested a tariff classification ruling.

The portion of your request regarding your item 1, the XT-10 Humidifier, will be answered separately.

This reply concerns the replacement components, i.e., item 2, Current Sensing Transformer - Part 5300100-021/17740016; item 3, Supply Board - Part 530010-030/17740017; and item 4, Processor Board – 530010-031/17740034. A sample of each was submitted.

Regarding the sample for item 2, per Keith Klocke of Dristeem, the “black wire w/bootlace terminal” in your component listing is actually the shorter yellow wire in the sample and neither of the two cables will be “threaded through the device” in use. Rather, the heavy gauge electrical wire that carries the current to the heating electrode that produces the steam will go through the gap on one side. That wire is not part of the sample.

Sample 2 is about 8 ounces in weight. The “main body” in a square, metal “doughnut” about 1 by 1 by .5 inch. We understand that this is designed to help focus the effects of the electromagnetic field emitted by the heavy gauge wire onto the two rectangular bodies in the “doughnut hole.” The lower body is a bobbin wound with a multitude of thin copper wires.

The “main body” is attached by two thin electrical wires and two screws to a simple circuit board with some minor components, including two electrical outputs.

Although you describe it as a transformer, the current in the heavy gauge wire will not be connected to the sample. Only its electromagnetic field will affect it.

Sample 2’s function is primarily to produce a weak electric current that is quite exactly proportional to the electromagnetic field in the heavy gauge wire and, thus, to the electrical current flowing through it. That information will be used by various control apparatus in the larger machine.

It is thus functionally quite similar to the closed-loop linear current sensor, classified in HTS 9030.39.00 per Headquarters Ruling Letter 965128 TPB, dated August 13, 2002.

Whether or not it could be considered a part of the humidifier, it is itself an article classifiable in HTS Chapter 90 and thus excluded from HTS Section 16, which includes humidifiers.

You propose classification in HTS 9026.10. However, any measurement or checking of the level of a liquid would require, at minimum, much more additional equipment, which is not included with the sample. It is thus quite unlike the examples in Harmonized System Explanatory Note II to its 90.26.

The applicable subheading for Sample 2 will be 9030.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other instruments and apparatus for measuring or checking electrical quantities, specifically, voltage, current, or resistance. The rate of duty will be 1.7 percent ad valorem.

Sample #3: The imported supply board #530010-030 is classified under HTS 8537.10.9070 at 2.7 percent.

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 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 of 8517: For a voltage not exceeding 1,000 v: Other: Other: Other.

This item is a printed circuit board containing 5 relays, 16 pin connector, fuse and fuse holder and a 28 position terminal strip.

Sample #4: The processor board #550010-031 imported by Dristeem Corporation is programmable and classified under 8537.10.9060 at 2.7 percent.

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, 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 8517: For a voltage not exceeding 1,000 v: Other: Other: Programmable controllers.

This item is also a printed circuit board which has 4 LED 7-segment displays, 10 LED lights, 3 momentary contact switches, 16 terminal flat ribbon cable approximately 6 inches long, 2 dip switch (6-selection) and a microprocessor chip to distinguish it as a programmable board.

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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