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NY 817204




January 11, 1996

CLA-2-90:RR:NC:4:102 817204

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.90.6080

Mr. Steve Deem
Control Devices, Inc.
228 Northeast Road
Standish, Maine 04084

RE: The tariff classification of an electro-optical steering wheel sensor from the Dominican Republic

Dear Mr. Deem:

In your letter dated November 8, 1995 you requested a tariff classification ruling.

The item involved in this request is a rotary optical encoder that transmits electric signals to an automotive control computer that regulates either a variable power assist steering system or a programmed ride control system. The unit mounts onto the steering shaft and produces two digital output signals. By monitoring the frequency and phase of these two signals, the sensor can determine the direction, rate of change and relative position of the steering wheel during vehicle operation. You state in your letter that the sensor is currently being assembled in the Dominican Republic under the rules governing the Caribbean Basin Initiative of the U.S.

The sensor will be used as a critical component in either a computerized power steering (hydraulic) control system in which the amount of power assist given to the driver will depend on how fast and far the steering wheel is turned, and/or in a programmed ride control system in which the suspension of a car (pneumatic) is adjusted by increasing or decreasing the air pressure in the shock absorbers during hard turns. We would consider these systems to be automatic regulating or controlling instruments or apparatus, and the sensor to be a dedicated part of such systems, lacking any specific provision elsewhere in the tariff schedules.

The applicable subheading for the optical steering sensor will be 9032.90.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of automatic regulating or controlling instruments o apparatus. The rate of duty will be 3.6 percent ad valorem. Articles classifiable under subheading 9032.90.6080, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 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 Karl J. Riedl at 212-466-5493.

Sincerely,

Roger J. Silvestri
Director

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