CLA-2-90:OT:RR:NC:N1:405
Lora Mayo-Brown
Robert Bosch LLC
8101 Dorchester Road
North Charleston, SC 29418
RE: The tariff classification of ultrasonic sensors from multiple countries
Dear Ms. Brown:
In your letter dated you requested a tariff classification ruling.
The products at issue are described as ultrasonic sensors, identified as USS generations four through six. The sensors consist of a plastic housing incorporating an ultrasonic transducer and a printed circuit board containing the requisite circuitry that enables the sensors to transmit, receive, and evaluate signals. The sensors are designed to be installed in the bumpers of automobiles, and serve as components of a vehicle’s parking assist system. The ultrasonic sensors operate by emitting sonic waves by means of the transducer. If an object is in the path of the sonic wave, the wave is reflected back and received by the transducer. The circuitry in the sensor analyzes the time elapsed between emitting and receiving the sonic waves and calculates the distance between the sensor and the object. The distance reading is then transmitted to an electronic control unit (ECU) in the vehicle.
You suggest classification of the ultrasonic sensors at issue in subheading 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” measuring and checking instruments, not specified or included elsewhere in Chapter 90. Based on the information provided, the ultrasonic sensors covered by your submission are indeed performing a measuring function, specifically measuring distance between the sensor and an obstacle. As such, it would be classifiable in Chapter 90. However, to be classified in heading 9031, an instrument must not be covered by a heading that appears elsewhere in the chapter.
Headquarters Ruling Letter 964844, dated March 13, 2002, discussed the classification of a complete ultrasonic parking guide. While the complete system covered by that ruling was classified outside of Chapter 90 based on additional functionality (namely the audible alerts emitted by the system), the system’s ability to determine the distance between the instrument and a given object was addressed. The ruling states that “devices called rangefinders measure the time for a pulse of sound to travel to a surface and return, then calculate the distance from the estimated speed of sound.” The ruling adds that such devices can be ultrasonic. The ultrasonic sensors at issue measure distance between the sensor and a given object and convey that information to a vehicle’s ECU. Additionally, the ultrasonic sensors emit no audible alerts themselves (even if the complete parking assist system of which they are a part might). Consequently, the ultrasonic sensors covered by your submission are more appropriately classified as rangefinders of heading 9015.
The applicable subheading for the ultrasonic sensors will be 9015.10.4000, HTSUS, which provides for Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders; parts and accessories thereof: Rangefinders: Electrical. The rate of duty will be free.
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 https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division