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NY I89752




January 22, 2003

CLA-2-84:RR:NC:1:104 I89752

CATEGORY: CLASSIFICATION

TARIFF NO.: 8423.82.0050; 8423.90.0080

Mr. Edmund Maciorowski
Edmund Maciorowski PC
39577 Woodward Avenue, Suite 207
Bloomfield Hills, MI 48304

RE: The tariff classification of a seat weight sensor from Japan

Dear Mr. Maciorowski:

In your letter dated December 18, 2002 on behalf of Takata Industries, Inc. you requested a tariff classification ruling.

The seat weight sensor measures the weight of the person sitting in the front passenger seat of an automobile. It consists of three components: an inboard rail unit with cable assembly, an outboard rail unit with cable assembly and an electronic control unit (ECU). Both cable assemblies have a plug at the end which connects to the ECU. The rails are bolted under the front passenger seat. The ECU, also situated under the seat, is connected to the Restraint Control Module (not imported), located in the dashboard. Information is relayed electronically to the ECU by the rail assemblies. The weight of a person sitting on the seat transfers the “load” through a load pin to a lever arm. The lever arm then pushes up on the sensor plate. The plate’s deflection is then measured by strain gauges. (A sample of a rail unit was submitted and will be returned per your request.)

The ECU consists of one power circuit, one communications circuit (CC), one current modulation and communications IC (CMC), one central processing unit (CPU), and a cover top and bottom with associated hardware and connectors. The ECU functions as follows: information from the rail sensors is sent to the CPU via the CMC. The CPU determines if the weight of the person in the seat is equal to or greater than 40 kgs. If equal or greater, a deploy signal is sent to the vehicle’s restraint control module. If less than 40 kgs, no signal is sent. (The ECU is not equipped with two or more apparatus of heading 8535 or 8536.)

In your original submission of September 9, 2002 you indicated that seat weight sensors were packaged as follows: inboard rail -–10 to a box, outboard rail – 10 to a box, and ECU – 42 to a box. You now indicate that seat weight sensors will be shipped in quantities which are exactly required to assemble complete seat weight sensors, with no excess components. To account for the possibility of spare rails or ECU’s being shipped with complete assemblies or for separate shipments of rails or ECU’s, you also request the individual classifications of these components.

The applicable subheading for the seat weight sensor will be 8423.82.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other weighing machinery: having a maximum weighing capacity exceeding 30 kg but not exceeding 5,000 kg. The rate of duty will be free.

The applicable subheading for the inboard and outboard rail units and the ECU when separately imported or imported as spares will be 8423.90.0080, HTS, which provides for parts of weighing machinery. The rate of duty will be 2.8 percent.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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