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NY R02638





October 20, 2005

CLA-2-90:RR:NC:N1:105 R02638

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.20.4000

Mr. Michael E. Roll
Pisani & Roll
1875 Century Park East, Suite 600
Los Angeles, CA 90067

RE: The tariff classification of an Oil Pressure Sensor from Japan

Dear Mr. Roll:

In your letter dated August 4 and October 3, 2005, for Hitachi High Technologies America, Inc., you requested a tariff classification ruling. No sample was submitted.

You stated in your 8/4/05 letter, “the product at issue is an oil pressure sensor that works by use of a piezoelectric resistor sensing element.

The oil pressure sensor is part of an automotive vehicle stability assist (VSA) system.”

You stated in your 10/3/05 letter, “it measures the pressure of the brake fluid located in the reserve tank, master cylinder, ABS (antilock brake system)/VSA, and in the piping, caliper and brake assembly. The brake fluid functions as a medium to convey information about the braking applied either by the driver or the system itself. The pressure causes the pad (disc brake) or the shoe (drum brake) to get pushed against the tire, causing the vehicle to slow down.”

Whether or not your item is “identifiable” as a part of a VSA system, noting the General Harmonized System Explanatory Note III to Chapter 90, when imported separately, it is classified in HTS 9026 due to Note 2-a to HTS Chapter 90.

The sensor does appear to be electrical as defined by Additional US Note 2 to HTS Chapter 90.

We agree that the applicable subheading for the oil pressure sensor will be 9026.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” instruments and apparatus for measuring or checking the pressure of liquids or gases. 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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