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April 1, 1999

CLA-2-90:RR:NC:MM:105 E80113

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Robert J. Resetar
Porsche Cars North America, Inc.
980 Hammond Drive, Suite 1000
Atlanta, GA 30328

RE: The tariff classification of a Motor Vehicle Yaw Sensor from Germany

Dear Mr. Resetar:

In your letter, dated March 24, 1999, you requested a tariff classification ruling.

The “Yaw Sensor” is an electronic element of the Porsche Stability Management System (PSM). PSM is a system that controls various functions on the vehicle such as breaking and power distribution to avoid a loss of control of the vehicle.

The Sensor contains a gyroscopic element and printed circuit. It is located at the exact center of the vehicle’s horizontal plane. Its purpose is to monitor the vehicle’s position around its axis. The sensor works in conjunction with other sensors on the vehicle, specifically the Wheel Speed Sensors, and continuously relays information to the PSM Control Unit.

If a vehicle starts to go into a slide or spin, the Yaw Sensor will detect that the vehicle is off its axis and the degree by which it is. The Sensor relays this information to the PSM Control Unit. The PSM Control Unit reads this information and that of the Wheel Speed Sensors from each wheel.

The Explanatory Note to 90.31 states, “The heading includes... (11) Clinometers... to measure surface inclination.” This is a similar device.

The applicable subheading for these items will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-optical measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. The rate of duty will be 1.7 percent ad valorem.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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