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NY J81400




March 25, 2003

CLA-2-85:RR:NC:MM:109 J81400

CATEGORY: CLASSIFICATION

TARIFF NO.: 8533.90.4000

Mr. Timothy Shepherd
Attorney-in-Fact
Nissin Customs Service, Inc
101 Mark Street
Suite G
Wood Dale, IL 60191

RE: The tariff classification of Accel (Accelerator) Shaft and Lever Sensor from Japan

Dear Mr. Shepherd:

In your letter dated February 18, 2003, you requested a tariff classification ruling on behalf of Keihin IPT Manufacturing Inc.

You previously requested the classification of an Accelerator Position Sensor (APS) assembly. New York Ruling I85491 determined the classification of the APS assembly to be 8533.40.8040, which provides for “Other variable resistors, including rheostats and potentiometers: Other Rheostat and resistor type motor starters and controllers.” The merchandise that you are currently seeking a ruling on is an Accel (Accelerator) Shaft (CR631-RCA-0000) and Lever sensor (CR6G1-RCA-0000), which are constituent parts of the full APS assembly. These parts are being imported separately from the entire APS assembly. A sample of each of the above-mentioned parts was submitted to this office for classification purposes.

The Accel (Accelerator) Shaft (Part Number CR631-RCA-0000) is a metal shaft that is 54.45cm long with various diameters along its length including a threaded portion at one end. This is the main shaft for the APS assembly. It does not transmit power, but merely supports the wheel or other revolving parts. It is not an electrical part nor does it contain any electronic parts.

The Lever Sensor (Part Number CR6G1-RCA-0000) is a metal stamping that goes on the Accel (Accelerator) Shaft. It is “press-fitted” on the end of the shaft. The two prongs that are perpendicular to the rest of the stamping are designed to receive the protuberance on the rheostat. As the shaft is rotated, the prongs on the Lever Sensor mechanically transfer the motion of the shaft to the rheostat. It is not an electrical functioning part nor does it contain any electronic parts.

You have suggested classification under HTSUS 8533.90.8000, which provides for “Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof: Parts: Other”. However, the Accel (Accelerator) Shaft (Part Number CR631-RCA-0000) and the Lever Sensor are both composed of metal. Therefore, the subheading 8533.90.40, which provides for “Parts: For the goods of subheading 8533.40, of ceramic or metallic materials, electrically or mechanically reactive to changes in temperature” applies.

The applicable subheading for the Accel (Accelerator) Shaft (Part Number CR6G1-RCA-0000) will be 8533.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical resistors other than heating resistors; parts thereof: Parts: For the goods of subheading 8533.40, of ceramic or metallic materials electrically or mechanically reactive to changes in temperature.” The rate of duty will be free.

The applicable subheading for the Lever Sensor will be 8533.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical resistors other than heating resistors; parts thereof: Parts: For the goods of subheading 8533.40, of ceramic or metallic materials electrically or mechanically reactive to changes in temperature.” 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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