The tariff classification of a On-Board Diagnostics (OBD II) Code Reader from China

NY R05134 November 20, 2006 CLA-2-90:RR:E:NC:N1:105 R05134 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Heidar Nuristani Central Purchasing, LLC 3491 Mission Oaks Blvd. Camarillo, CA 93012 RE: The tariff classification of a On-Board Diagnostics (OBD II) Code Reader from China Dear Mr. Nuristani: In your letter dated October 26, 2006, you requested a tariff classification ruling. No sample was submitted, but you did submit a color picture of the item in its retail packing. You state: “Item 95210 is an On-Board Diagnostics (OB II) code reader that will work on all OBD II compliant vehicles built since 1996. It reads all trouble codes of compliant vehicles. The LCD display is 30 mm by 10 mm. The code reader has a male 16 pin connector, a “READ” and “ERASE” button. The user manual has a list of all trouble codes. It does not require batteries, powered by vehicle’s battery.” We note that its diagnostic function is analogous to the one in the item in New York Ruling Letter F81576-105, 2-2-2000. Its purpose is to inform the user of any specific faults discovered in the automobile by its on-board computer. It is commonly used to gain further information after the “Check Engine” panel lights up in the automobile’s dashboard. The applicable subheading for the OBD II will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other,” non-“optical” measuring or checking instruments. The rate of duty will be 1.7 percent ad valorem. 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