CLA-2 RR:CR:GC 967269 JAS
Mr. Steve Deem
Control Devices, Inc.
228 Northeast Road
Standish, Maine 04084
RE: Electro-optical steering wheel sensor; NY 817204 Revoked by Operation
of Law
Dear Mr. Noell:
In NY 817204, which the Director of Customs National Commodity Specialist Division, New York, issued to you on January 11, 1996, an electro-optical steering wheel sensor or rotary optical encoder was held to be classifiable as other parts and accessories of automatic regulating or controlling instruments and apparatus, in subheading 9032.90.6080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). For the reasons that follow, this classification is incorrect and no longer represents the position of U.S. Customs and Border Protection (CBP) in the matter.
Goods classifiable in heading 9032 are subject to the terms of Chapter 90, Note 7, HTSUS. Pursuant to Proposed Modifications to the Harmonized Tariff Schedule of the United States, Investigation No. 1205-5 (Final), USITC Publication 3430, June, 2001, Appendix B, p. 129, effective January 1, 2002, Note 6 to Chapter 90, HTSUS, was renumbered Note 7 and amended, in relevant part, by inserting in paragraph (a) thereof the expression “, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value” immediately following the expression “factor to be automatically controlled,” and by inserting in paragraph (b) the expression “, which are designed to bring this factor to, and to maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value” immediately following the expression “factor to be controlled.”
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Neither the computerized power steering control system nor the programmed ride control system of which the electro-optical steering wheel sensor at issue is a part appears to conform to the current text of Note 7. For this reason, classification of the electro-optical steering wheel sensor in heading 9032 is no longer supportable. Consequently, NY 817204 does not represent the correct classification of this merchandise, and the ruling is considered revoked by operation of law, in accordance with Section 177.12 (d)(1) of the Customs Regulations (19 CFR 177.12(d)(1)).
CBP’s current position on the classification of sensors of this type can be found in rulings HQ 967103, HQ 967134 and HQ 967135, all dated July 20, 2004. These appear in the Customs Bulletin of August 4, 2004, Vol. 38, No. 32. You may access this publication at www.cbp.gov. We are informing you of this change in classification in the spirit of informed compliance and shared responsibility found in Title VI (Customs Modernization), of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057).
You may obtain a ruling on electro-optical steering wheel sensors by writing the Director, National Commodity Specialist Division, U.S. Customs and Border Protection, One Penn Plaza, 10th Floor, New York, NY 10019.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division