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NY N012191

June 27, 2007



TARIFF NO.: 9028.90.0040

Ms. Jodi Chick Latner
Willson International
250 Cooper Avenue, Suite 102
Tonawanda, NY 14150

RE: The tariff classification of a Powercost Monitor from China

Dear Ms. Latner:

In your letter dated June 4, 2007, for Blue Line Innovations Inc., you requested a tariff classification ruling. No sample was provided.

You state: “The product for which we are requesting a tariff classification ruling is a Powercost Monitor. This product is used to show in real time how much electricity their home is using in dollars and cents and in kW.

The 2 components of the product, the sensor and transmitter are packaged together and work together as a complete unit. Neither component will function alone.

The electro mechanical meter shines an infrared light and looks for its reflection and when there isn’t one it is because the black mark has passed by and it senses that the meter has gone around once. The power factor which determines the kW hours used is based upon the number of spins. On a digital meter it counts the number of optical pulses.”

Headquarters Ruling Letter 961387 GC, 3-20-98, classified in HTSUS 9028.90 an item which likewise counted the revolutions of the electrical meter and transmitted information to another location. In your case, the simple calculation of the cost associated with the usage is also performed, but that is not unusual for the supply meters of 9028 as indicated by the inclusion of “price-calculating” meters in Harmonized System Explanatory Note I to 9028.

Per the Blue Line sheet which you attached, the time and outside temperature are also displayed. We consider the supply measurement function to provide the Powercost Monitor’s essential character in terms of HTSUS General Rule of Interpretation 3.

The applicable subheading for the Powercost Monitor will be 9028.90.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of electricity meters. The rate of duty will be 3.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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