United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2008 NY Rulings > NY N021211 - NY N021318 > NY N021277

Previous Ruling Next Ruling
NY N021277




January 24, 2008

CLA-2-85:OT:RR:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.4000

Ms. Betty Gordon
Customs Administrator
Hyundai Motor America
10550 Talbert Avenue
P.O. Box 20850
Fountain Valley, CA 92728-0850

RE: The tariff classification of a pulse width modulation controller from South Korea

Dear Ms. Gordon:

In your letter dated December 21, 2007, you requested a tariff classification ruling.

The merchandise subject to this ruling is a pulse width modulation (PWM) controller. A sample of this item, which is identified as part number 25385-3K280, was furnished for classification purposes. The sample is being returned to you as per your request.

The PWM is a solid state device that consists of a printed circuit board assembly (PCBA), connectors and a housing. There are no relays, resistors, or switches on the PCBA. The purpose of the PWM is to modulate the speed of the electric cooling fan used to cool the radiator of the power train cooling system. It does this in response to the signals it receives from the power train control module, which is not a part of the PWM, but a separate device. Using the engine coolant temperature as an input, the power train control module monitors and determines the output control signal to be sent to the PWM. If the engine temperature is too high, the power train control module sends a signal to the PWM directing it to increase the fan speed in order to lower the operating temperature. If the engine temperature is below the optimal range, the power train control module sends a signal to the PWM directing it to decrease the fan speed or to stop it accordingly to reduce the cooling effect. This action maintains optimal engine operating temperature.

Regarding your proposed classification in Harmonized Tariff Schedule of the United States (HTSUS) heading 9032, your additional information clarifies that the determination of the optimal cooling fan speed is not made by your import, the PWM, but by the power train control module, which sends its instruction regarding its chosen level of electrical power for the fan (and thus its speed) to the PWM via a digital electrical signal.  The PWM does not have an input for data from a thermometer or any other measuring device and is not deciding if any measured factor is at a pre-determined desired value so it does not meet the definition of HTSUS heading 9032 in Note 7 to its Chapter 90. The PWM is designed to provide and control electric power to the cooling fan used to cool the radiator of the power train cooling system. As such, the PWM is a speed drive controller for an electric motor, which is provided for in HTSUS heading 8504. Therefore, HTSUS heading 9032 is inapplicable.

The applicable subheading for the pulse width modulation controller (PWM), part number 25385-3K280, will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Static converters: Speed drive controllers for electric motors.” The rate of duty will be 1.5 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: