The tariff classification of knock sensors from Japan

NY J88125 September 17, 2003 CLA-2-90:RR:NC:N1:105 J88125 CATEGORY: Classification TARIFF NO.: 9031.80.8070 Ms. Anne Hilsbeck AMH Customs Consultants 5000 Birch Street, Suite 3000 West Tower Newport Beach, CA 92660 RE: The tariff classification of knock sensors from Japan Dear Ms. Hilsbeck: In your letter dated August 13, 2003, for NGK Spark Plugs (U.S.A.), Inc., you requested a tariff classification ruling. No samples were submitted. In that letter, you asked that confidential treatment be given. Your request for confidential treatment was reviewed and denied. A letter regarding this matter was sent to you on August 29, 2003. You confirmed in your telephone call to Customs on September 4, 2003, that we should disregard your request to treat the information contained within your ruling request as private and confidential. You supplied information on your Narrow Band Resonant Type, Wider Narrow Band Type, Non-Resonant (Bolt on Sensor), and Non-Resonant (Cable Type Sensor) Knock Sensors. From the information supplied, the electrical output varies with the amount of knock/vibration encountered and can be expressed in millivolts per G (acceleration). We note that Harmonized System Explanatory Note I-A-18 indicates it includes “Apparatus for measuring or detecting vibrations…” You propose classification in HTS 9031.80.8060. However, knock is not an electrical characteristic, but a mechanical one. The applicable subheading for these knock sensors will be 9031.80.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” measuring or checking instruments, appliances, and machines for testing the non-electrical characteristics of internal combustion engines. The 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). 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