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NY R02407




August 29, 2005

CLA-2-94:RR:NC:SP:233 R02407

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.90.1085; 8537.10.9070; 8504.40.9580; 8536.69.8000; 8543.89.4000

Ms. Shelley Vybiral
LORD Corporation
2000 W Grandview Blvd.
Erie, PA 16514-0038

RE: The tariff classification of various items from China.

Dear Ms. Vybiral:

In your letter dated August 10, 2005, you requested a tariff classification ruling.

The merchandise to be imported is as follows:

MR Linear Damper, part #RD-1005-3 is a compact magneto-rheological fluid damper. It is designed for seats used in buses or truck cabs for suspension applications. It stabilizes and reduces vibrations.

The Rheonetic Wonder Box device controller kit, part #RD-3002-3 consists of the device controller, a 12 Vdc (1.5A) power supply and two banana plugs. In a telephone conversation on August 15, 2005, you indicated that the imported condition of these items has not been established and they may be packaged in the United States. As such, the imported items do not meet the requirements for “goods put up in sets for retail sale” under General Rule of Interpretation (GRI) 3(b) and Explanatory Note General Rule 3(b)(X)(c). Therefore, each component is to be classified separately in its own heading.

The device controller is a housed electronic unit. It provides closed loop current control so that it will compensate for changing electrical loads up to the limits of the power supply. It may be manually operated or attached to a PLC (programmable logic controller) or computer. A potentiometer is provided to control the current supplied manually. It contains a 2.1 mm Female input receptacle, two sockets for connecting the banana plugs, a BNC terminal and a current on/off switch. The banana plugs are electrical connectors.

MR Demo Kit, part #RD-2013-02 consists of 2 - 5cc needleless syringe tubes filled with water based magneto-rheological (MR) fluid, 1 magnet, and 1 metal adaptor to connect the 2 syringe tubes. This is a demonstration kit for how MR fluid works.

Tactile Feedback Device, part #RD-2085-01, RD-2069-01 is a part used for improving by-wire control and safety. It goes into the steering mechanism on a forklift, and produces a continuously variable resistive steering torque, delivering high-fidelity “feel” and maximum control to the operator. It is made of steel, plastic, electronic wiring leads and magneto-rheological (MR) powder.

Your have submitted product literature as well as information on the MR fluid used in items 1 and 3.

The applicable subheading for the Linear Damper will be 9401.90.1085, Harmonized Tariff Schedule of the United States (HTS), which provides for “Seats, whether or not convertible into beds, and parts thereof: Parts: Of seats of a kind used for motor vehicles, Other.” The rate of duty will be Free.

The applicable subheading for the device controller will be 8537.10.9070, HTS, which provides for “Boards, panels and other bases, equipped with two or more apparatus or heading 8535 or 8536, for electric control or the distribution of electricity For a voltage not exceeding 1,000 V: Other: Other: Other.” The rate of duty will be 2.7% ad valorem.

The applicable subheading for the power supply will be 8504.40.9580, HTS, which provides for “Electrical transformers, static converters and inductors, Other.” The rate of duty will be 1.5% ad valorem.

The applicable subheading for the banana plugs will be 8536.69.8000, HTS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other: Other.” The rate of duty will be 2.7% ad valorem.

The applicable subheading for the Tactile Feedback Device will be 8543.89.4000, HTS, which provides for “Electrical ... apparatus, having individual functions, not specified or included elsewhere Other ... apparatus: Other: Electric ... transducers.” The rate of duty will be 2.6% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the MR Demo Kit. Please submit a sample of the item. When this information is available, you may wish to consider resubmission of your request.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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