CLA-2-85:RR:NC:MM:109 H81365
Mr. Peter A. Martin
Vorys, Sater, Seymour and Pease LLP
1828 L Street NW
Eleventh Floor
Washington, DC 20036-5109
RE: The tariff classification of Photoelectric Sensors and Other Accessories and Components imported with the Photoelectric Sensor (unassembled “Safety Light Curtain”); Functional Unit Style Numbers: PJ-V20, PJ-V40, PJ-V90, PJ-VC2T, PJ-VC2R, OP-31784, OP-31785, OP-31608, OP-31609, OP-31786, PJ-V21, and PJ-V22, from Japan
Dear Mr. Martin:
In your letter dated May 16, 2001, you requested a tariff classification ruling on behalf of Keyence Corporation (“Keyence”).
It is written in your ruling request that all of the machinery and component pieces at issue will either be imported together as a single unit, imported together in equal numbers, but packaged separately, or imported as separate components. The subject of this request is the appropriate tariff classification when the imported products are imported together in equal numbers and either packaged together or separately. Your letter states that another submitted ruling request will focus on the tariff classification of the machinery and component parts when imported separately. Therefore, this ruling pertains to all of the components listed below imported together in the same shipment to be assembled into a complete article, that being the PJ-V Series Photoelectric Sensor. The PJ-V Series Photoelectric Sensor is also referred to as a “Safety Light Curtain” in both the technical instruction pamphlet accompanying the sensor and on the actual sensor.
The merchandise is described in your letter as a photoelectric sensor controller, photoelectric sensor base unit (receiver and transmitter), accessory pieces, and photoelectric area sensor cables. The basic function of the PJ-V Series Photoelectric Sensor (Safety Light Curtain) is for the infrared LEDs of the sensor head transmitter to emit light beams (signals), both visible and infrared, which are triggered by timing indicators from the controller. The sensor head receiver detection function is coordinated with the light emission from the transmitter. The transmitter and receiver are attached to the controller and base unit sensor head by the connector cables. The light source allows the sensor at intervals to produce a light beam that is used for long distance detection with minimal interference of various types of targets, including glass, metal, plastics, wood, and liquid. When an object or target comes into the path of the light beam signal, the light signal is interrupted and the user is alerted to the interruption, fault, or obstruction.
The articles at issue are referred to by style number as follows:
Major components of a complete PJ-V Series Photoelectric Sensor:
Photoelectric Sensor Base Unit PJ-V20 and PJ-V40
Photoelectric Sensor Controller PJ-V90
Photoelectric Area Sensor Cable PJ-VC2T
Photoelectric Area Sensor Cable PJ-VC2R
Maintenance Tools and Accessories PJ-V Series Photoelectric Units:
Mounting Brackets OP-31784
Intermediate Supports OP-31785
Test Piece OP-31608
Release Tool OP-31609
End Caps OP-31786
Extension Unit A PJ-V21
Extension Unit B PJ-V22
Based on your submission of Keyence Corporation’s Products Background Material, Chapter 1.1 the PJ-V20 Sensor head (Receiver) is a receiving circuit consisting of a phototransistor. The PJ-V40 Sensor head (Transmitter) is a transmitting circuit consisting of infrared LEDs. The transmitter has the same dimensions as the receiver. The PJ-V90 Controller is a control circuit consisting of a power supply, control circuit, output relays, and a terminal block for wiring. The PJ-V91 Controller is a sub-controller connected to the PJ-V90. The PJ-V91 cannot be used independently.
Your letter states that you believe that the imported PJ-V Series Photoelectric Sensor and its accompanying machines and components are classifiable as a “functional unit” in subheading 8541.40, which provides for photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes.
It is our opinion that the sensor, machines and components when imported together form a “functional unit”, as defined in Note 4 to Section XVI, HTS, in that they contribute to a clearly defined function: to act as a photosensitive semiconductor device. Reference is made to Headquarters ruling HQ 957510, dated March 21, 1995, in which “Safety Light Curtains” were classified as optical coupled sensors under subheading 8541.40.80.
In an optical isolator, the emitting and detecting devices are so positioned that the majority of the emission from the emitter is optically coupled to the light-sensitive area of the detector. This configuration uses an electronic input signal to cause an electronic input signal without any electronic connection between the input (LED/transmitter) and the output (phototransistor/receiver) terminals. The subject merchandise satisfies this description. It is our understanding from your description that the PJ-V series is a photoelectric sensor device configured in such a way that the light emitted by the LED is optically coupled to the light-sensitive area of the phototransistor sensor. The LED emits light beams (rays), which are lodged between the transmitter and the receiver. When these light beams are interrupted, the isolator is no longer coupled and does not produce an output signal. As a result, the user is alerted to the interruption, fault, or obstruction. In addition, no electrical connection exists between the LED and phototransistor within the PJ-V photoelectric sensor device. Based upon the information you submitted for this merchandise, it satisfies the descriptions of how an optical coupled isolator functions. Therefore, since this merchandise, which is marketed as a “Safety Light Curtain”, functions as the “Safety Light Curtain” described in HQ 957510, it is the opinion of this office that it is classified in subheading 8541.40.80 as optical coupled isolators.
The applicable subheading for these Certain Photoelectric Sensor and Other Accessories and Components imported with the Photoelectric Sensor; Functional Unit Functional Unit Style Numbers: PJ-V20, PJ-V40, PJ-V90, PJ-VC2T, PJ-VC2R, OP-31784, OP-31785, OP-31608, OP-31609, OP-31786, PJ-V21, and PJ-V22 will be 8541.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes: Other: Optical coupled isolators”. 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 Linda M. Hackett at 212-637-7048.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division