HQ 089930: Pump control relay; pump motor control; automatic watertimer; Heading 9107; ENs 91.07; Chapter 91, note 3; Chapter 91,Additional U.S. Note 1(d); watch or clock movement; H. Conf. Rep.No. 576; ENs 85.36 (I)(C); ENs 85.37; ENs 84.81; GeneralizedSystem of Preferences.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 089930

                        November 18, 1991

CLA-2 CO:R:C:M 089930 AJS

CATEGORY: Classification

TARIFF NO.: 8536.41.00; 8537.10.00; 8481.80.90

District Director 
U.S. Customs Service
880 Front Street
Room 5-S-9
San Diego, CA 92188

RE: Pump control relay; pump motor control; automatic water
timer; Heading 9107; ENs 91.07; Chapter 91, note 3; Chapter 91,
Additional U.S. Note 1(d); watch or clock movement; H. Conf. Rep.
No. 576; ENs 85.36 (I)(C); ENs 85.37; ENs 84.81; Generalized
System of Preferences.

Dear District Director:

     This is in reply to internal advice request number 38/91 of
June 18, 1991, regarding the classification of pump control
relays, pump motor controls, and automatic water timers used in
sprinkling and watering systems.

FACTS:

     The subject pump control relay (PCR) may be used with a
sprinkler timer possessing a 24 volt circuit output to activate
120 volt or 240 volt pump motors, up to 2 horsepower.

     The subject pump motor control (PMC) provides on/off control
for pumps using the master valve or pump start wire of an
irrigation controller.  It electronically relays the start and
stop time of the watering system timing mechanism to the pump
motor.

     The subject automatic water timer (AWT) is attached between
the hose bib faucet and hose.  It allows the user to set the
amount of gallons of water via a dial for an automatic shut off
once the desired amount has been dispensed.  An approximate time



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expressed in hours is also provided on the dial.  The AWT also
possesses a constant flow feature which overrides the automatic
shutoff and regulates the flow of water dispensed.

ISSUE:

     Whether the subject PCR is properly classifiable within
heading 9107, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for "[t]ime switches with
clock or watch movement or with synchronous motor."; or
classifiable within heading 8536, HTSUSA, which provides for
"[e]lectrical apparatus for switching or protecting circuits, or
for making connections to or in electrical circuits (for example,
switches, relays . . . for a voltage not exceeding 1,000 V:"

     Whether the subject PMC is properly classifiable within
heading 9107, HTSUSA, or classifiable within heading 8537,
HTSUSA, which provides for "[b]oards, panels . . . and other
bases, equipped with two or more apparatus of heading 8535 or
8536, for electric control or the distribution of electricity . .
." 

     Whether the subject AWT is properly classifiable within
heading 9107, HTSUSA, or classifiable within heading 8481,
HTSUSA, which provides for "[t]aps, cocks, valves and similar
appliances, for pipes, boiler shells, tanks, vats or the like,
including pressure-reducing valves and thermostatically
controlled valves; parts thereof:"

LAW AND ANALYSIS:

     Classification under the HTSUSA is governed by the General
Rules of Interpretation (GRIs).  GRI 1 provides that classifi-
cation is determined first in accordance with the terms of the
headings and any relative Section or Chapter notes.

     Heading 9107, HTSUSA, provides for time switches with a
clock or watch movement.  It is claimed that the subject PCR and
PMC satisfy the terms of this heading.  The Harmonized Commodity
Description and Coding System Explanatory Notes (ENs) state that
this heading covers devices which do not have the character of
clocks of heading 91.05, but are mainly designed to make or break
electric circuits automatically at given times.  ENs 91.07, p.
1547 (1991).  To be included in this heading these devices must
have a movement of the watch or clock type.  ENs 91.07.  While
the ENs are not dispositive, they provide a commentary on the
scope of each heading and offer guidance for interpretation of
the HTSUSA.  H. Conf. Rep. No. 576, 100th 


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Cong., 2d Sess., p. 549, reprinted in 1988 U.S. CODE CONG. &
ADMIN. NEWS p. 1582.  Accordingly, we view the above ENs
instructive for interpreting heading 9107, HTSUSA.  

     A "watch" or "clock" movement is described as a device
regulated by a balance-wheel and hairspring, quartz crystal or
any other system capable of determining intervals of time, with a
display or a system to which a mechanical display can be
incorporated.  Chapter 91, note 3; Chapter 91, Additional U.S.
Note 1 (d); See also ENs 91.08, p. 1548 (1991).  The PCR and PMC
do not satisfy the above description.  They do not contain a
"watch" or "clock" movement, nor are they capable of determining
intervals of time.  The PCR electronically relays start and stop
instructions from a timer to a pump motor, and the PMC provides
on/off control for pumps.  Accordingly, the PCR and PMC do not
satisfy the terms of heading 9107, HTSUSA, and thus are not
properly classifiable therein.

     Heading 8536, HTSUSA, provides for "[e]lectrical apparatus
for switching or protecting electrical circuits . . . (for
example, switches, relays . . ."  Relays are described as
electrical devices by means of which a circuit is auto- 
matically controlled by a change in the same or another circuit. 
ENs 85.36 (I)(C), p. 1389.  The PCR satisfies this description. 
It electronically relays the start and stop time instructions
from a timer to a pump motor for a 24 volt pump circuit output. 
Subheading 8536.41.00, HTSUSA, provides for relays for a voltage
not exceeding 60 V.  The subject PCR satisfies the terms of this
subheading.  It is a relay for a 24 volt circuit.  Accordingly,
the PCR is properly classifiable within this subheading.

     Heading 8537, HTSUSA, provides for "[b]oards, panels . . .
and other bases, equipped with two or more apparatus of heading
8535 or 8536, for electric control or the distribution for
electricity . . ."   These articles consist of an assembly of
apparatus of the kind referred to in the two preceding headings
(e.g., switches and fuses) on a board, panel etc., or mounted in
a cabinet, desk, etc.  ENs 85.37, p. 1391.  The goods of this
heading vary from small switchboards with only a few switches,
fuses, etc. to complex control panels for machine-tools, rolling
mills, power stations, radio stations, etc., including assemblies
of the articles in the text of this heading.  ENs 85.37.   
The PMC satisfies this description.  It provides on/off control
for pumps using the master valve or pump start wire of an
irrigation controller.  Subheading 8537.10.00, HTSUSA, provides
for this type of apparatus for a voltage not exceeding 1,000 V. 
The PMC is for apparatus of 120 and 220 V.  Accordingly, it
satisfies the terms of this subheading and is classifiable
therein.

     
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     Heading 8481, HTSUSA, provides for "[t]aps, cocks, valves
and similar appliances for pipes, boiler shells, tanks, vats or
the like . . ."  This heading covers valves used in pipes or the
like to regulate the flow (for supply, discharge, etc.) of fluids
(liquid, viscous or gaseous).  ENs 84.81, p. 1321.  These
appliances regulate the flow by opening or closing an aperture. 
ENs 84.81.  The AWT satisfies this description.  It is used in a
sprinkler system to regulate the flow of water in gallons and
approximate watering time by the opening and closing of an
aperture.  Subheading 8481.80.90, HTSUSA, provides for "other"
appliances of this heading.  The AWT satisfies the terms of this
subheading.  Accordingly, it is properly classifiable within this
subheading.
  
     It is also claimed that the subject AWT satisfies the terms
of heading 9107, HTSUSA.  As stated previously, the devices of
this heading must have a movement of a "watch" or "clock" type. 
The AWT does not satisfy this description.  It measures the
amount of water which flows through an impeller.  This type of
device is not a movement of the "watch" or "clock" type. 
Therefore, the AWT does not satisfy the terms of this heading and
is not classifiable therein.     

HOLDING:

     The PCR is classifiable within subheading 8536.41.00,
HTSUSA, which provides for relays for a voltage not exceeding 60
V; dutiable at the General Column 1 rate of 5.3 percent ad
valorem.  It is stated that the all of the subject merchandise
will be made in Mexico.  Mexico is designated as a beneficiary
developing country for purposes of the Generalized System of
Preferences (GSP).  If the PCR meets the legal requirements for
eligibility under the GSP, it would be duty free.

     The PMC is classifiable within subheading 8537.10.00,
HTSUSA, which provides for "[b]oards . . . other bases,  equipped
with two or more apparatus of heading 8535 or 8536 for the
electric control of electricity . . . for a voltage not exceeding
1,000 V.", dutiable at the General Column 1 rate of 5.3 percent
ad valorem.  If the PMC meets the legal requirements for
eligibility under the GSP, it would be duty free.

     The AWT is classifiable within subheading 8481.80.90,
HTSUSA, which provides for "other" appliances of this heading
dutiable at the General Column 1 rate of 3.7 percent ad valorem. 
If the AWT meets the legal requirements for eligibility under the
GSP, it would be duty free.
     



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     You should advise the internal advice applicant of this
decision and forward them a copy.


                                  Sincerely,


                                  John Durant, Director
                                  Commercial Rulings Division