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NY N017555




October 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Martin Dooley
Multimodal International, Ltd.
2100 E. Devon Ave.
Suite 102
Elk Grove Village, IL 60007

RE: The tariff classification of a yaw sensor from Japan

Dear Mr. Dooley:

In your letter dated September 20, 2007, for Toyota Tsusho America, you requested a tariff classification ruling. No sample was provided.

You state, regarding the DW462752-0080-Gyro, “The purpose of an angular rate sensor is to detect yaw rates using the Coriolis effect.”

To describe your item, you quote with approval, from Wikipedia, “A yaw rate sensor is a gyroscopic device that measures a vehicle’s rotation around its vertical axis. The output is usually in degrees per second or radians per second and signal is a signed number.”

You propose classification in 9027.80. However, your item is not described by the relevant part of that heading, i.e., Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters) That is confirmed by the lack of any analogous example in the 32 sets of examples in the Harmonized System Explanatory Note to 9027.

We find your item to be similar to the one in New York Ruling Letter E80113-105, 4-1-99. As there, we consider your item to be analogous to the Clinometers in HS EN I-A-11 to 9031.

The applicable subheading for the DW462752-0080-Gyro will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other", non-"optical" measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTSUS Chapter 90. The rate of duty will be 1.7 percent ad valorem.

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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