CLA-2 RR: CR: GC 965128 TPB
Mr. Pete Mento
Expeditors Tradewin, LLC
1015 3rd Avenue, 12th Floor
Seattle, WA 98104
RE: Closed-Loop Linear Current Sensor
Dear Mr. Mento:
This is in response to your letter dated January 15, 2002, to the Director, National Commodity Specialist Division (“NCSD”), New York, on behalf of Honeywell, Inc., Microswitch Division (“Honeywell”), requesting classification of a closed-loop linear current sensor, under the Harmonized Tariff Schedule of the United States (“HTSUS”). Your request was forwarded to this office for a reply. We regret the delay in responding.
FACTS:
The merchandise under consideration is a closed-loop linear current sensor. A current sensor is an electronic device that detects or measures the amount of AC or DC current flowing through a wire and provides a digital or analog output. Sensors are used for ground fault detection, control feedback loops, motor overload protection and energy management.
These closed-loop linear current sensors are made up of a magnetic core, a secondary coil winding around the core, an analog output Hall-effect integrated circuit (“IC”), an operational amplifier and supporting electronics inside a plastic housing.
A wire carrying the primary current to be measured is placed through the core of the sensor. The current generates a magnetic flux field around the wire. The flux is concentrated around the Hall IC by the magnetic core. The Hall IC generates a voltage proportional to the
strength of the magnetic field. The operational amplifier creates a current that is passed through the secondary winding to produce a magnetic field with the opposite polarity to the field created by the primary current. Sensors work by the null balance principle that is always driving the magnetic flux in the core to zero. The current in the secondary winding wire is therefore a mirror image of the primary current, reduced by the number of wire turns in the secondary winding. Passing the secondary current through a precision measuring resistor gives a voltage drop proportional to the current in the primary circuit.
ISSUE:
Is the closed-loop linear current sensor properly classified under heading 8542, as an electronic integrated circuit or microassembly; or under heading 9030, as an other instrument or apparatus for measuring or checking electrical quantities?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.
The HTSUS provisions under consideration are as follows:
8542 Electronic integrated circuits and microassemblies; parts thereof:
9030 Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof:
You claim that the current sensor is properly classified as an analog monolithic integrated circuit. However, in its condition as imported, the current sensor is a finished device that measures the amount of AC or DC current flowing through a wire and provides a digital or analog output.
You indicate that classification under heading 8542 is consistent with Customs prior treatment of similar merchandise and refer to NY 815901, dated November 21, 1995, wherein Customs classified a closed-loop linear sensor that measured the amount of AC or DC current flowing through a wire under heading 8542, HTSUS, as an other monolithic integrated circuit.
Customs has recently had an opportunity to re-examine the classification of the closed-loop linear current sensor that was the subject of that ruling. In the July 10, 2002, Customs Bulletin, Customs proposed the revocation of NY 815901. Customs decided that based on the correct application of GRI 1, the current sensor subject to that ruling was described by the terms of heading 9030, HTSUS, in its entirety, rather than by one part of the sensor, the IC of heading 8542. The final notice of revocation will be published in an upcoming issue of the Customs Bulletin with the issuance of HQ 965698 of this date.
Heading 9030, HTSUS, provides for, among other articles, other instruments and apparatus for measuring or checking electrical quantities. The closed-loop current sensors use a Hall-Effect IC to measure the amount of current in a wire. Therefore, by the terms of the heading, the sensor is classifiable under heading 9030.
Customs notes that the treatment of the merchandise under consideration in this ruling is consistent to treatment it has previously given to similar merchandise. In Headquarters Ruling Letter (“HRL”) 960389, dated March 19, 1998, Customs ruled on merchandise that was labeled “current and voltage transducers.” The merchandise was described as follows:
The [transducers] generally consist of a secondary winding, magnetic core, Hall effect chip, and associated electronic circuitry. The transducers offer isolated current measurement, as well as the measurement of direct current (DC), alternating current (AC), or pulsed systems, often with one transducer suited for all three measurements.
In HRL 960389, Customs ruled that the transducers with the Hall Effect chips were marketed for measurement, and thus properly classified under heading 9030, HTSUS.
In applying the principles of GRI 1, we note that while heading 8542 provides for a part of the closed-loop sensor, namely, the IC, we find that the terms of heading 9030, HTSUS, provide for the current sensor in its entirety, that is, as an instrument used for measuring or checking electrical quantities.
Therefore, through application of GRI 1, by the terms of the heading and through application of the relevant Section notes, the current sensor is classifiable under heading 9030, HTSUS, as an instrument or apparatus for measuring or checking electrical quantities.
HOLDING:
For the reasons stated above the closed-loop linear current sensor is classified under subheading 9030.39.00, HTSUS, as: “Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof: Other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device: other.”
Sincerely,
Myles B. Harmon, Acting Director
Commercial Rulings Division