The tariff classification of a temperature sensitive faucet light from China

N078844 October 29, 2009 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9025.80.1000 Jakarin SirikulthornCreate Master 1178/119 Paholyothin 32 RoadJatujakBangkok10900 Thailand RE: The tariff classification of a temperature sensitive faucet light from China Dear Mr. Sirikulthorn: In your letter dated October 2nd, 2009, you requested a tariff classification ruling. No sample was provided. Your submission describes a temperature sensitive faucet light. This electronic device consists of a cylindrical chamber incorporating a temperature-sensing apparatus and Light Emitting Diodes (LEDs). The device is made of chromate treated ABS plastic, and measures 69mm in height and 34mm in diameter. The device is powered by three LR44 batteries, and is designed to be attached to a faucet or showerhead (a special adapter is required to fit the device to a showerhead). The device works by measuring the temperature of water that comes out of a faucet, and illuminating the water based on the temperature. After the device is screwed on to the mouth of the faucet and the faucet is turned on, the device determines the temperature of the water and activates the LEDs to light up the water flow. The color of the light will vary depending on the water’s temperature. If the water temperature is between 25°C (77°F) and 35°C (94°F) the LEDs will illuminate the stream blue. If the water temperature is between 35°C (95°F) and 45°C (113°F) the LEDs illuminate the stream red. If the water temperature exceeds 45°C the LEDs will flash red to alert the sink’s user that the water may be scalding. While it is not specified, we presume that the LEDs do not activate at all if the water temperature is below 25°C. The applicable subheading for the temperature sensitive faucet light will be 9025.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Thermometers, not combined with other instruments. The rate of duty will be 1.8%. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division