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NY H80308

June 5, 2001

CLA-2-90:RR:NC:MM:105 H80308


TARIFF NO.: 9033.00.0000

Mr. Ed Kwas
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of parts (used in chart recorders) from China and Hong Kong

Dear Mr. Kwas:

In your letter dated May 2, 2001, on behalf of Honeywell Incorporated Industrial Automation & Control, you requested a tariff classification ruling. No samples were submitted. No information was supplied concerning the makers, suppliers, or any of the interested parties other than the importer.

You request the classification of a listing of approximately fifty separate part numbers with descriptions, e.g., a “12 PT A/I CARD”. You state that each part’s actual use will be in one of five groups of Honeywell chart recorders (with an unknown number of total models). Some of the chart recorders will be designed by Honeywell to receive electrical input from measuring devices in one Harmonized Tariff Schedule of the United States (HTS) heading, while others will be made capable of receiving input from measuring devices in several different HTS headings. All the chart recorders will use mechanical means to produce a hard copy chart showing the variations over time of the electrical input from measuring devices.

Per the information submitted, these chart recorders may use measuring devices supplied by the purchaser, or Honeywell will sell to the purchaser the compatible measuring devices needed for a complete system. The complete system may use devices for measuring temperature, pressure, flow, liquid level and relative humidity, and for charting.

You attached Headquarters Ruling Letter (HRL) 089391-AJS dated February 6, 1992, and HRL 961096-PH dated June 15, 1998, which classified in HTS subheading 9031.80 complete process recorders, which electrically stored on magnetic tape the output of various measuring devices. You believe that those HRLs indicate that HTS subheading 9031.90.90 should apply to all of your items.

However, HRL 952499-LTO dated March 26, 1993, classified in HTS subheading 9033.00.00 chart drive assemblies which moved the paper within chart recorders that would be used in “systems that measure temperature, pressure, flow, and other such variables not covered by a single heading.” New York Ruling Letter (NYRL) 861163-102 dated April 5, 1991, classified strip chart recorders in HTS heading 9033. We find those to be closer precedents than the ones you cite. We also note that HRL 962893-KBR dated March 5 1991, rejected a claim of classification in HTS heading 9031 for a complete, tunable, laser diode source used exclusively “in the design and testing of photonic network telecommunications systems.” That ruling noted the distinction in the testing and checking context between the Explanatory Notes (EN) for HTS heading 9030 and those for headings 9027 and 9031, which is at issue here. That item was not classified as testing apparatus, even though it was necessary for the actual testing, unlike your imports, that are used in chart recorders, which are optional additions to a minority of the measuring devices in use.

There is sufficient information from the drawing submitted to determine that the “plastic housings” for the chart recorders are identifiable as part of same and are not excluded from HTS chapter 90 by being covered either by the listing in its Note 1 nor by the ranges of HTS headings in its Note 2-a.

Regarding the other parts, we are returning your request and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. You assume that all items imported for use as a part of a given device is classified in the parts provision for the complete device. That assumption is not true. Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of each item.

Descriptive literature or a detailed explanation on the use of each item.

Descriptive literature or a detailed explanation on how each item operates/functions.

Please limit your ruling request to a maximum of 5 items of the same class or kind.

For each item, what physical characteristics, if any, identify it as a part of a chart recorder or of, in general, the apparatus in the headings of HTS chapter 90? Note General EN III to HTS chapter 90 and Court of Appeals for the Federal Circuit (CAFC) Decision 00-1263 dated April 19, 2001.

Specifically regarding the “PCB assemblies”, the information should enable us to establish whether or not they are hybrid integrated circuits or electronic microassemblies of HTS heading 8542.

Specifically regarding the “motor assemblies”, the information should enable us to distinguish between assemblies which remain within “electric motors” in HTS heading 8501 and those which do not, noting CAFC 95-1010 dated October 18, 1995.

Please 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.

In addition, as required by New York Pipeline Number 1688 dated December 19, 1988, please provide the following:

1. Two additional copies of this and any later submission.

2. The names and addresses of all interested parties, such as makers and/or suppliers.

3. The projected ports of entry of the commercial shipments of the products(s).

When this information is available, you may wish to consider resubmission of your request regarding the parts other than the plastic housings. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

The applicable subheading for the plastic housings will be 9033.00.0000, HTS, which provides for parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of chapter 90. The general rate of duty will be 4.4 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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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