The tariff classification of a sensor for an Occupant Passenger Detection System (OPDS) from Thailand

N234097 November 16, 2012 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.4000 Ms. Jessica A. Miserendino International Trade Specialist AFL 170 Ridgeview Center Dr Duncan, SC 29334 RE: The tariff classification of a sensor for an Occupant Passenger Detection System (OPDS) from Thailand Dear Ms. Miserendino: In your letter dated October 8, 2012, you requested a tariff classification ruling. The item concerned is referred to as an Occupant Passenger Detection System (OPDS) Sensor. This sensor is a component of the Occupant Passenger Detection System (OPDS). The overall function of the system is to determine the size of an automobile passenger. The sensor will be housed within the passenger seat of an automobile. The sensor helps determine the size of an occupant using electrostatic capacitance. The OPDS control unit (not imported with sensor) uses the sensor’s input to detect and determine if there is a child or small passenger occupying the passenger seat of the vehicle. Once the body size is determined by the OPDS control unit, a signal is issued which prevents the airbag from deploying if the child is within the airbag deployment path, thereby preventing injury. The applicable subheading for the Occupant Passenger Detection System (OPDS) Sensor will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electric 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, Thomas J. Russo Director National Commodity Specialist Division