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NY L85405




July 5, 2005

CLA-2-85:RR:NC:MM:109 L85405

CATEGORY: CLASSIFICATION

TARIFF NO.: 8541.40.6050

Ms. Betty Gordon
Customs Administrator
Hyundai Motor America
10550 Talbert Avenue
P.O. Box 20850
Fountain Valley, CA 92728-0850

RE: The tariff classification of a photo sensor from an unspecified country

Dear Ms. Gordon:

In your letter dated April 27, 2005, you requested a tariff classification ruling. At that time, your submission did not contain adequate information about the merchandise. As a result, your request was returned to you with questions about the merchandise. We are in receipt of your response to those questions and are now able to provide you with the tariff classification.

This ruling pertains to the classification of a photo sensor. The photo sensor is utilized in a temperature control system in an automobile. It sends voltage signals to the temperature control unit in response to the photo intensity level within the automobile. The control unit uses the signal to maintain a pre-selected temperature within the automobile’s interior.

You had originally suggested classification of the photo sensor under Harmonized Tariff Schedule of the United States (HTSUS) 9032.90.6080, which provides for “Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Parts and accessories: Other: Other.” However, the item is not covered by heading 9032. Whether or not the temperature control unit would be covered by heading 9032, Harmonized System Explanatory Note II-1 to heading 9032 indicates that the separately imported measuring devices with electrical output used with such controls are classified in their own heading, i.e. the factor measured, such as temperature (9025), pressure (9026), etc. This is consistent with Note 2a to Chapter 90.

The photo sensor contains a photo diode and a circuit, which is encased in a plastic housing. The circuit is subsidiary to the functioning of the photo diode and does not have a separate function of its own. As such, the photo diode imparts the essential character of the photo sensor.

The applicable subheading for the photo sensor will be 8541.40.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other diodes: Other: Other.” 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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