The tariff classification of a hydrogen sensor from South Korea

N270334 November 23, 2015 CLA-2-85:OT:RR:NC:N4:112 CATEGORY: Classification TARIFF NO.: 8543.70.4000 Mr. Young Bin Oh Hyundai Motor Company 231 Yangjae 2-dong Seocho-gu, Seoul ASI |KR |KS013 |SEOUL South Korea RE: The tariff classification of a hydrogen sensor from South Korea Dear Mr. Oh: In your letter dated October 29, 2015, you requested a tariff classification ruling. The item concerned is a hydrogen sensor. This sensor is used within a fuel cell equipped vehicle, positioned within a hydrogen storage tank. The sensor has the function of detecting hydrogen leaks. If a leak is detected the sensor outputs a signal to the vehicles ECU (Electric Control Unit). The ECU could then send a signal to a warning indictor on the dashboard and/or initiate a vehicle shut down. As stated in the ruling request, this particular sensor only detects the presence of hydrogen, it does not perform any type of analysis. You suggest classification of the hydrogen sensor in subheading 9027.10, HTSUS, which provides for gas or smoke analysis apparatus. However, based on the information provided, the subject product is merely detecting the presence of hydrogen and not performing any type of analysis. As such classification in heading 9027 is inapplicable. The applicable subheading for the hydrogen 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 steven.pollichino@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division