The tariff classification of a wire wound ceramic resistor from Slovenia

N018134 November 2, 2007 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8533.29.0000 Mr. Kevin Turner Manager Regional Logistics NA Johnson Electric North America 47660 Halyard Dr Plymouth, MI 48170 RE: The tariff classification of a wire wound ceramic resistor from Slovenia Dear Mr. Turner: In your letter dated September 26, 2007, you requested a tariff classification ruling. The merchandise subject to this ruling is a 3-speed wire wound ceramic resistor with a thermal fuse. This item, which functions in a 13-volt automotive DC system, is attached to an automotive wiring harness through a 4-prong connector. Its purpose is to provide high/low speed control to an automotive cooling fan assembly. The central automotive CPU will either bypass the ceramic resistor circuit to allow the cooling fan to run at a higher fixed speed or engage the ceramic resistor circuit to reduce the amperage to the cooling fan allowing it to run at a lower fixed speed. The thermal fuse provides stall protection for the cooling fan motor. It is noted that a fax received from you provided evidence that the resistor is “fixed” and has a 400 watt capacity. A technical drawing of this item along with a sample was submitted to this office for classification purposes. The sample is being returned to you as per your request. In your letter you suggested that the classification of the 3-speed wire wound ceramic resistor with a thermal fuse to be Harmonized Tariff Schedule of the United States (HTSUS) subheading 8533.21.0080, which provides for “Other fixed resistors: For a power handling capacity not exceeding 20W: Other: Wirewound.” However, this is a fixed resistor with a power handling capacity of 400 watts, which is in excess of 20 watts. As such, classification under subheading 8533.21.0080 is inapplicable. The appropriate subheading is 8533.29.0000 in this case. The proper classification for this merchandise is under subheading 8533.29.0000, as “Other fixed resistors: Other.” The applicable subheading for the 3-speed wire wound ceramic resistor with a thermal fuse will be 8533.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other fixed resistors: Other”. The rate of duty will be free. 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division