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NY I85510

September 19, 2002

CLA-2-90:RR:NC:N1:105 I85510


TARIFF NO.: 9025.19.8080

Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of Air Conditioning Temperature Probe Assembly A-519 from Mexico

Dear Mr. Schau:

In your letter dated August 21, 2002,for GE Thermometrics, you requested a tariff classification ruling.

Your product description of the sample is “Semi-Finished Home Air Conditioning Temperature Probe Assembly. Stainless steel sensor housing connected to a copper tapered thread fitting with hex head body section and two hook up wire coated leads”. It contains a thermistor.

The item will apparently be plugged into an input in the air conditioner, not a separate thermometer, that will calculate and display the temperature encountered by the probe. Consistent with NY815259-112, 10-26-95, we do not consider this a part, but a device in itself.

You cite in your letter’s heading HTS’s 8536, 9025, and 9032, apparently indicating your belief that one of them contains the correct classification of your sample.

You do not explain and we do not understand why you would propose either 8536 or 9032.

Thermistors imported separately are classified in HTS 8533. However, your item contains important elements such as the wiring and the plastic shaft, which are not described by that heading. Your item is better described as a thermometer probe assembly. Note Court of Appeals for the Federal Circuit decision 00-1263, dated April 19, 2001.

Also, Harmonized System Explanatory Note 90.25 B-5-I includes resistance thermometers operating by changes in the electrical resistance of a semiconductor.

The applicable subheading for your sample will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for thermometers, not liquid filled and not clinical. 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.


Robert B. Swierupski

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