The tariff classification of a rear height control sensor for an automobile from Japan

N079396 November 2, 2009 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Aaron Bauman Toyota Motor Engineering & Manufacturing North America, Inc.25 Atlantic AvenueErlanger, KY 41018 RE: The tariff classification of a rear height control sensor for an automobile from Japan Dear Mr. Bauman: In your letter dated October 7, 2009, you requested a tariff classification ruling. No sample was provided. Your ruling request covers a Rear Height Control Sensor Sub-Assembly, to which you assign the part numbers 89407-34020 and 89408-34030. The two part numbers differentiate between sensors for the left-hand and right-hand side of the vehicles. Presumably they are otherwise identical in function. The sensor sub-assembly is attached to the vehicle’s rear suspension, and is designed to detect changes in the distance of the suspension from the body of the vehicle. This information assists in determining the position of the vehicle’s frame in relation to the ground. The sensor sends this information to the vehicle’s headlight electronic control unit (ECU), which controls the direction the headlamp is pointed in and makes adjustments accordingly.The sensor sub-assembly detects changes in the suspension’s position by means of a small arm that moves when the suspension’s position changes (due to additional weight in the trunk or rough driving conditions). The sensor transmits this information as an electrical signal varying from .45V to 4.05V to the headlight ECU, which will decide on whether or not to adjust the headlight’s position to keep them pointed towards the road in a manner most advantageous to the driver. The sensor sub-assembly itself has no role in adjusting the headlights. It merely detects the position of the vehicle suspension and provides the information to the ECU. The applicable subheading for the Rear Height Control Sensor Subassembly will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7%. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division