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NY N003273




November 29, 2006

CLA-2-85:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.4000

Stephen Deem
Accounting/Import Manager,
Control Devices, Inc.
228 Northeast Road
Standish, ME 04084-6149

RE: The tariff classification of an optical sensor from the Dominican Republic

Dear Mr. Deem,

In your letter dated November 6, 2006, you requested a tariff classification ruling.

The items concerned are three models of the Absolute Position Steering Angle Sensor. It is a black, hard plastic item shaped like a half-oblong that measures approximately 4” in height and 2 ½” in width. The sensor contains a circular piece of metal with holes around its perimeter; light shone through and between these holes, at varying angles, allows the integrated circuit within the item to convert the position of the piece of metal into digital information which is then sent to the control unit of a vehicle.

The applicable classification subheading for the three models of the Absolute Position Steering Angle Sensor will be 8543.89.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule and the accompanying duty rates are provided on the 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).

Pursuant to Title 19, United States Code, Section 3005, the Harmonized Tariff Schedule of the United States (HTSUS) is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly, based on that recommendation, it is anticipated that your merchandise will be classified in subheading 8543.70.40 of the 2007 HTSUS. Under the circumstances, this classification under the 2007 Tariff is advisory only.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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