The tariff classification of a Weather Center from Hong Kong

NY G87101 March 9, 2001 CLA-2-90:RR:NC:MM:105 G87101 CATEGORY: Classification TARIFF NO.: 9025.80.1000 Ms. Anna Castillo-Duncan V. Alexander & Co., Inc. P.O. Box 30250 Memphis, TN 38130-0250 RE: The tariff classification of a Weather Center from Hong Kong Dear Ms. Castillo-Duncan: In your letters dated December 21, 2000, and February 8, 2001, on behalf of The Sharper Image, you requested a tariff classification ruling. The sample consists of : 1. A battery powered wall unit which displays the time of day, the indoor and outdoor temperature, the relative humidity, the atmospheric pressure, the “weather tendency”, and information stored about previous displays. 2. A remote temperature transmitter to be placed outdoors. It measures the ambient temperature, and then transmits the information by radio waves to the main unit. The two items form a functional unit as indicated in General Explanatory Note V to Harmonized System Chapter 90. You call the sample a Weather Forecast Center. We note that, per Explanatory Note V to Harmonized System Heading 9015, its “Meteorological Instruments” does not include “thermometers, barometers, hygrometers, and psychrometers, nor combinations of such instruments (heading 90.25).” We note that, per EN D to HS 9025, it includes hygroscopes “with figurines coming in or going out, according to whether the weather is likely to be good or bad.” Since your sample has “an accuracy level of about 75%”, its “weather tendency” display is similar in function. You did not reply to our question in our letter dated January 9, 2001, about how each measurement is made. However, from the complete sample and the operating instructions, it appears likely that the device is electrical as defined in Additional U.S. Note 2 to HTS Chapter 90. Although the device does prominently display the time of day, we consider the elements classified in HTS 9025 to provide its essential character. We note that the remote transmitter supplies only temperature information and is not needed for the time of day display function. The applicable subheading for this item will be 9025.80.1000 , Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” thermometers, pyrometers, barometers, hygrometers, and psychrometers, recording or not, and any combination of these instruments (but not including separate thermometers and pyrometers). The general rate of duty will be 1.7 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). The sample is being returned to you in a separate mailing. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division