The tariff classification of a fuel filter sensor from Mexico

NY L80600 November 23, 2004 CLA-2-85:RR:NC:1:112 L80600 CATEGORY: Classification TARIFF NO.: 8543.89.4000 Robert Noell Vice President, Cain Customs Brokers, Inc. P.O. Box 1809 Hidalgo, TX 78557-1809 RE: The tariff classification of a fuel filter sensor from Mexico Dear Mr. Noell: In your letter dated October 19, 2004, you requested a tariff classification ruling on behalf of Wells Manufacturing Corporation of Fond Du Lac, Wisconsin. The item concerned is a Fuel Filter Sensor (see below). It is two sensors (transducers) and a resistor enclosed in black, hard plastic with threads and an O-ring formed into the plastic. There are two exposed prongs of silver metal on one end and two sheltered prongs of sliver metal within the other. The purpose of the Sensor, which is meant to be threaded into the side of a diesel fuel filter, is to detect when a certain level of water exists within the filter and to send a signal to the vehicle’s computer which activates a warning light. Your requested classification of this item in HTS 8536.50.9065, which provides for Electrical apparatus for ... making connections to or in electrical circuits ... , for a voltage not exceeding 1,000 V: Other switches: Other: Other: Other, does not apply because the Fuel Filter Sensor does not make an electrical connection, switch or protect an electrical circuit. The applicable subheading for the Fuel Filter Sensor will be 8543.89.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Other machines and apparatus: Other: Electric ... transducers ... . The rate of duty will be 2.6%. If sufficient documentation is provided with the entry, the Fuel Filter Sensor, if wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Parts 177 and 181 of the Customs Regulations (19 C.F.R. 177, 181). 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 Richard Laman at 646-733-3017. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division