The tariff classification of a motor starter from Brazil.

N054447 March 26, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8536.50.4000 Mr. Vicente Amado Tecumseh Products Company Valley Ranch Business Park 1136 Oak Valley Drive Ann Arbor, MI 48108 RE: The tariff classification of a motor starter from Brazil. Dear Mr. Amado: In your letter dated March 4, 2009, you requested a tariff classification ruling. The merchandise under consideration is Part Number ESD1DTN04KP-KK, which is described as a combination PTC (Positive Temperature Coefficient) motor starter relay and motor overload protector. A sample, which is labeled Made in Brazil, was provided and will be returned to you. The motor starter consists of a rectangular plastic housing measuring approximately 2½ inches by 1¾ inches by 1 inch deep. This device is designed to plug directly onto a Tecumseh manufactured fractional horsepower compressor motor via the compressors three terminal pins. The opposite side of the starter features a two conductor line voltage connector. Tecumseh compressors are manufactures for use in refrigerators, vending machines, and similar application. This device is a combination unit consisting of a starter relay and printed circuit board assembly motor protector, which protects the compressor motor from high supply currents necessary for starting an electric motor and from high operating temperatures. The motor starter is rated for a maximum voltage of 162 volts (V) and 8 amps (A). In your letter you suggest classification under 9032.10, Harmonized Tariff Schedule of the United States (HTSUS), as a thermostat. However, your item does not perform the “only” function for classification in HTSUS 9032, as defined by Note 7 to HTSUS Chapter 90.  A refrigeration system does normally contain one (or two) thermostat(s), classified in HTSUS 9032.10, which input(s) the temperature measurement from the refrigerator (and freezer section), compare(s) it to the temperature level(s) chosen by the user, and give(s) the instructions to the compressor to turn on and off as needed to bring the temperature to and then maintain it at the desired level stabilized against disturbances.  Motor starters are designed to start and accelerate electric motors to full speed through the use of a combination of components including overload protection. The applicable subheading for the motor starter, Part Number ESD1DTN04KP-KK, will be 8536.50.4000, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1000 V: Other switches: Motor starters.” The general rate of duty will be 2.7% 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division