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NY J84866




June 19, 2003

CLA-2-85:RR:NC:1:112 J84866

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Ikue Stoehr
Toyota Motor Sales, USA Inc.
19001 South Western Avenue
Torrance, CA 90509

RE: The tariff classification of a raindrop sensor from Japan

Dear Ms. Stoehr:

In your letter dated May 13, 2003 you requested a tariff classification ruling.

As indicated by the submitted information, the raindrop sensor, identified as part number 89941-50020, is used in a Lexus LS430 automobile. It consists of a sensor unit that is mounted to the windshield glass. In operation, the sensor, by means of LED’s and photo diodes, senses the amount of water on the windshield and interacts with the wiper control to determine wiper speed.

The applicable subheading for the raindrop sensor, part number 89941-50020, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

You have expressed the opinion that the raindrop sensor is classifiable under subheading 8541.40.20, HTS. Since the sensor consists of an LED and photo diode, it is beyond the scope of this subheading and, as a result, precluded from classification therein.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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