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NY J88010




September 12, 2003

CLA-2-90:RR:NC:N1:105 J88010

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.8080

Ms. Anne Hilsabeck
AMH Customs Consultants
5000 Birch Street, Suite 3000 West Tower
Newport Beach, Ca 92660

RE: The tariff classification of temperature sensors from Japan

Dear Ms. Hilsabeck:

In your letter dated August 12, 2003, for NGK Spark Plugs (U.S.A.), Inc., you requested a tariff classification ruling. No samples were submitted.

In that letter, you asked that confidential treatment be given. Your request for confidential treatment was reviewed and denied. A letter regarding this matter was sent to you on August 29, 2003. You confirmed in your telephone call to Customs on September 4, 2003, that we should disregard your request to treat the information contained within your ruling request as private and confidential.

You provided technical information and a picture of four items, your Water, Wide Range, EGR, and Intake Air Temperature Sensors. Each has, at minimum, a metal cylindrical housing, male threaded or push on connector, and electrical connections.

The graph for each indicates that its electrical resistance will vary quite precisely with the temperature it encounters.

You state that each will “measure temperature.” More precisely, it appears that each will have an outside power source and that an outside element will deduce the temperature encountered by the change in the electrical circulation of the outside power caused by its change in resistance. The item will apparently be plugged into a general electrical device, not a separate thermometer, that will calculate and use the temperature information for various control purposes. Consistent with NY815259-112, 10-26-95, we do not consider this a part, but a device in itself.

Some, and perhaps all, include thermistors, which, imported separately, are classified in HTS 8533. However, your item contains important elements such as the wiring and the shaft, which are not described by that heading. Your item is better described as a thermometer probe assembly. Note Court of Appeals for the Federal Circuit decision 00-1263, dated April 19, 2001.

We agree that the applicable subheading for these four items will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for, thermometers, not liquid filled and not clinical. The rate of duty will be 1.8 percent ad valorem.

Regarding the Polaris/Thermo Sensors, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Information similar to that for the four other items

Please limit your ruling request to a maximum of 5 items of the same class or kind.

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 above, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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