The tariff classification of a sensor subassembly from Japan

N105618 June 8, 2010 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.4000 Mr. Daniel Cannistra Crowell and Moring 1001 Pennsylvania Avenue NW Washington, DC 20004 RE: The tariff classification of a sensor subassembly from Japan Dear Mr. Cannistra: In your letter dated May 13, 2010, you requested a tariff classification ruling on behalf of your client Aisin Holdings of America, Inc. The item concerned is referred to as a power door sensor subassembly unit (part numbers 426608-10350, 426607-10360, 426603-10170, 426604-10240, 426607-10290, 426608-10280). The relevant part numbers are door sensor subassembly units that are functionally identical, but reflect different models (e.g. left or right power side door, left or right power back door) and model years. The components of this device include a rubber sensor, a sensor cable and a clip. After importation this subassembly will be incorporated onto the frame of a power back door or power sliding door of a vehicle. In use this sensor detects obstructions (e.g. hand or finger) in the path of the power door. An obstruction will place pressure upon the rubber sensor, which in turn, imparts pressure upon the sensor cable. The sensor cable contains four wires and a resistance box that regulates the passage of an electric current. The pressure of an obstruction causes the wires to change shape which alters their electric current value. The altered current is unable to pass through the resistance box which alerts the power door’s electrical control unit (ECU) to automatically stop or reverse the closing door. You suggest classification of your device in HTSUS 9031.80.8085, which provides for “other” Measuring or checking instruments… not specified or included elsewhere in Chapter 90. You state that the power door sensor subassembly “measures the value of an electric current through a resistance box and checks that the value remains constant.” However, the sensor is not measuring the electric current (i.e. the amperage or voltage of the current) but rather detecting its presence. When the current is cut off due to the pressure of an obstruction changing the position of the wires within the cable sensor, the sensor notifies the ECU. The sensor subassembly does not measure the fluctuation in voltage, nor does it determine the amount of force an obstruction is directing against the door. It simply senses an obstruction and informs the separate ECU, which reverses the motion of the power door. Consequently, this device is not classified in HTSUS Heading 9031. The applicable subheading for the power door sensor subassembly unit (part numbers 426608-10350, 426607-10360, 426603-10170, 426604-10240, 426607-10290, 426608-10280) will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electrical synchros and transducers…:.” The rate of duty will be 2.6%. 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 Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division