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January 20, 1999

CLA-2-85:RR:NC:MM:109 D86306

CATEGORY: CLASSIFICATION

TARIFF NO.: 8541.40.8000

Ms. Carol A. Demuth
Square D Company
1415 South Roselle Road
Palatine, IL 60067-7399

RE: The tariff classification of a solid state sensor for presence detection from France

Dear Ms Demuth:

In your letter dated December 21, 1998, you requested a tariff classification ruling.

The merchandise is described in your letter and submitted descriptive literature as a solid state sensor for presence detection. The model number is XUJM060319. A sample was submitted. This device is also described as a photoelectric sensor and an optical sensor. The model in question is an AC/DC relay circuit type. This sensor contains a light emitting diode (LED) emitter and a photo-transistor or photo-diode receiver. The purpose of this device is to indicate the presence or absence of objects or materials, which can be solids, liquids or gases. The LED emits a light beam which is received by the photosensitive receiver. This model is used with a reflector that returns the light beam from the emitter to the receiver. The design allows an object to be detected when the light path is interrupted.

Explanatory Note 85.41(B)(iii) lists as types of photosensitive semiconductors:

Photocouples and photorelays consisting of electroluminescent diodes combined with photodiodes, phototransistors or photothyristors.

In HQ 088341, HQ 957646, HQ 957510 we held that similar sensors were classified as optical coupled isolators.

The applicable subheading for solid state sensor model number XUJM060319 will be 8541.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[p]hotosensitive semiconductor devices...[o]ther: [o]ptical coupled isolators.” The rate of duty will be free.

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 Eileen S. Kaplan at 212-466-5673. After January 28, 1999, the telephone number will be changed to 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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