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NY L83459

May 9, 2005

CLA-2-90:RR:NC:N1:105 L83459


TARIFF NO.: 9025.19.8080, 9026.90.6000, 7416.00.0000

Mr. Alexander A. Amarilios
Omega Service Parts Corp.
P.O. Box 28
New Canaan, CT 06840

RE: The tariff classification of a Diaphragm Assembly, Dial Thermometer and a Brass Hairspring from Germany and Switzerland

Dear Mr. Amarilios:

In your letter dated March 26, 2005, you requested a tariff classification ruling.

You state: “We enclose copies of two letters, which we had received several years ago from the U.S. Customs Service giving us the classification of various instrumentation parts.

We understand that effective recently these old tariff classifications are no longer valid and that new numbers have been assigned.

Please give us the new numbers, and if possible the corresponding rates of duty as they apply today.”

The two letters are New York Ruling Letters 847490- 102, 12-5-89, and 851984-102, 5-10-90.

Ruling letter NY 847490 dated December 5, 1989 refers to brass hairspring with copper collet attached and diaphragm assembly. The HTS classification for the brass hairspring remains the same. Only the duty rate has changed. Brass springs are classified within subheading 7416.00.0000 at 3 percent ad valorem.

Regarding the diaphragm assembly, we assume it is “identifiable” by its characteristics as suitable for use in a pressure meter in accordance with Harmonized System General Explanatory Note III to its Chapter 90.

The applicable subheading for the diaphragm assembly remains 9026.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “other” parts of non-“electrical” instruments and apparatus for measuring pressure. The rate of duty is currently free, not 4.7 percent ad valorem.

Regarding the industrial dial thermometer, we assume from its earlier classification and description that it is not liquid filled and is not designed to measure very high temperatures.

The applicable subheading for the industrial dial thermometer will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for thermometer, not liquid filled and not combined with other instruments. The rate of duty will be 1.8 percent, not 5 percent, ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Regarding the pointers and stainless steel cases, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Separately imported items, if identifiable as parts of one kind of device (see Gen EN III to 90) or of one particular item (see HRL 965546, 8-2-02), are classified in the heading of that device if the part is not excluded from 90 by its Note 2-a or 1 or by HTS Add. US Rule of Interp. 1-c (see HRL 965968, 12-16-02.) HRL 965546 specifically ruled upon the classification of pointers for instrument gauges. Therefore, Please submit
A detailed explanation of the physical characteristics, if any, that would make the parts identifiable for use with a specific type of instrument, e.g., a non-“electrical” pressure gauge as opposed to a temperature gauge, as an example. This seems particularly unlikely for the needles. AND/OR In accordance with 965546, an engineering drawing or other detailed evidence showing that the part is designed to be a part of a specific item. If that is the case, also provide enough information about the larger item so that it can be classified, e.g., whether or not it is “electrical” per HTS Chapter 90 Additional US Note 2.

Regarding the electrical contacts, we need additional information in order to issue a ruling. Your request for the modified HTS classification of ruling letter NY 851984 dated May 10, 1990 for electric contacts under 8536.90.0090 has been replaced by 8536.90.40 – Terminals, splices and couplings; water probers, free of duty; and 8536.90.80 – Other apparatus, i.e. junction boxes, distribution ducts, other, 2.7% ad valorem. We do not know what the merchandise is. Therefore, we cannot give you a Harmonized Tariff Schedule number. Please submit:

Samples and/or pictorial representations with manufacturer’s specifications for voltage and current ratings of each item.

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function.

Country of origin.

Please include a statement that there are, to your knowledge, no issues on the commodity pending before Customs or any court. Also include a statement as to whether classification advice has been sought from a Customs officer (in addition to the two NYRL’s); and if so, from whom, and what advice was rendered, if any.

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 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.

If you have any questions specifically regarding the brass hairspring, contact National Import Specialist K. Campanelli at 646-733-3021. If you have any questions specifically regarding the electrical contacts, contact National Import Specialist E. Kaplan at 646-733-3016. If you have any other questions regarding the above, contact National Import Specialist J. Sheridan at 646-733-3012


Robert B. Swierupski

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