The tariff classification of an Electronic Flame Controller from Mexico.

N078864 October 26, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Mr. William J. Polkinhorn Bill Polkinhorn, Inc. 2401 Portico Boulevard P.O. Box 712 Calexico, CA 92231 RE: The tariff classification of an Electronic Flame Controller from Mexico. Dear Mr. Polkinhorn: In your letter dated September 11, 2009 you requested a tariff classification ruling on behalf of your client, Robertshaw Controls Company. The merchandise under consideration is the Electronic Flame Controller, part number 100-00831-13. The Electronic Flame Controller has two 12-volt (V) relays with contacts rated for 10 amps (A) at 250 volts (V), multiple terminal connections, and various active and passive components mounted on a printed circuit board (PCB), enclosed within a housing with four mounting cutouts. The Electronic Flame Controller controls the ignition cycle of a pilot light within gas-fired heating and water heating systems. In use, the controller receives an electric signal from a connected thermostat, which closes a contact completing an electrical circuit to open the pilot light gas valve, while concurrently closing a contact to complete an electrical circuit to the spark electrode, thus igniting the pilot light. When the presence of a flame is detected, a second contact is closed completing an electrical circuit to open the main gas valve to the burner. When the thermostat is satisfied, the contacts open de-energizing power closing both valves. In your ruling request you suggest classification of the Electronic Flame Controller in 9032.89.6025, as an automatic control instrument for air conditioning, refrigeration or heating systems. However, based on your description of the device, the Electronic Flame Controller does not maintain a selected temperature at a desired value, stabilized against disturbances, nor does it measure the actual temperature value, as required by Note 7(a) to Chapter 90. The Electronic Flame Controller receives its instructions from an external thermostat, and performs its function accordingly. In this respect it is similar to the device described in Headquarters Ruling Letter 966743, August 31, 2004. In this ruling a comparable device responded to signals sent by a remote thermostat, and was thus excluded from classification in heading 9032. The applicable subheading for the Electronic Flame Controller, part number 100-00831-13 will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent. 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