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NY N003251




December 5, 2006

CLA-2-90:RR:E:NC:N1:105 N003251

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.20.40000

Ms. Justine Bacani
Mitsubishi Motors North America, Inc.
6400 Katella Avenue
Cypress, CA 90630

RE: The tariff classification of a TPMS (Tire Pressure Monitoring System) Transmitter Assembly and a TPMS Transmitter Activate Tool from Japan

Dear Ms. Bacani:

In your letter dated November 10, 2006, you requested a tariff classification ruling. No sample was submitted.

The first item is a TPMS (Tire Pressure Monitoring System) Transmitter.

You state, “The TPMS transmitter assembly is a battery-powered tire pressure monitoring system mounted at the tire valve of each automobile tire. It monitors air pressure in the tire and sends a signal to the wireless control module in the vehicle via the FM radio signal using frequency of 315MHz.”

The control module will not be part of your import. The transmitter is a part of your import.

Since you also state, “The control module will also provide a ‘beeping’ sound so that the driver will learn of changes in air pressure,” we take it TPMS will transmit the pressure measurement, at minimum, on a regular basis to the control module.

The second item is a TPMS Transmitter Activate Tool.

You state, “The other item in question is the TPMS transmitter activate tool which activates the TPMS transmitter on each of the vehicle’s 4 wheels. Japanese regulations require that they are deactivated prior to vehicle shipping.”

As we understand it, this activation would only be done once upon arrival of the auto in the USA and the TPMS will not operate until the activation takes place. We take it that one Activate Tool would be sufficient to activate the four TPMSs on all the autos in multiple shipments and that it has no other use, not even to de-activate the TPMS.

  We agree that the applicable subheading for the TPMS will be 9026.20.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "electrical" instruments and appliances for measuring or checking pressure. The rate of duty will be free.

The applicable subheading for the TPMS Transmitter Activate Tool will be 9026.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, Parts and accessories of "electrical" instruments and appliances for measuring or checking pressure. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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