CLA-2 CO:R:C:G 085688 CMS

Mr. Gordon W. Larson
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 144
El Paso, Texas 79942

RE: Reconsideration of NYRL 844446. Electromagnetic sensors; doped;monolithic; silicon; chip

Dear Mr. Larson,

You petitioned on behalf of your client, Optoelectronics, Inc., for reconsideration of the ruling issued by the Area Director, New York Seaport (NY 844446, dated August 21, 1989) regarding the classification of certain electromagnetic sensors. Your petition is based on additional information provided by the importer regarding the sensors. Our ruling follows.

FACTS:

The merchandise is an electronic device which is described by the importer as an "electromagnetic sensor". The sensor consists of a doped monolithic silicon chip, frame, gold wire, molding epoxy, silver epoxy and chip coating.

The sensor operates using the "Hall effect", whereby a current carrying semiconductor exposed to a magnetic field perpendicular to the current direction produces a voltage perpendicular to both the direction of the current and the magnetic field. The active element of the sensor is the silicon chip which incorporates a band-gap regulator. The sensor utilizes transistor-resistor circuitry which forms preamplifiers and a level protector. The sensor's output drives an output resistor. The sensor is a digital-analog device.

The merchandise is commonly referred to in the electronics industry as a "digital output Hall effect transducer". The sensors have many applications including use in brushless DC motors, ignition timing devices, automatic bank teller machines and pressure sensors.

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LAW AND ANALYSIS:

The importer's original ruling request indicated that the sensor was a semiconductor device but did not establish that it incorporated an electronic circuit. The sensor was thus classified by NY Ruling 844446 as a semiconductor in 8541.50.00, HTSUSA.

Additional information regarding the merchandise was provided by the importer's representative in a correspondence dated September 20, 1989, and orally provided by the importer's Engineering Staff representative. The additional information establishes that the sensor incorporates an electronic circuit. The merchandise integrates active and passive electronic elements which is a requirement for classification as an integrated circuit in Heading 8542 (see Explanatory Notes to Heading 8542, p. 1400). The merchandise has the essential character of a monolithic integrated circuit which is not exclusively digital, classified in 8542.19.00, HTSUSA.

HOLDING:

The electromagnetic sensor is classified in 8542.19.00, HTSUSA. This Ruling supersedes NY Ruling 844446, dated August 21, 1989, which was based on incomplete product information provided by the importer.

Sincerely,

John Durant, Director
Commercial Rulings Division