CLA-2-85:RR:NC:MM:109 I87325

Ms. Regina Cross
Assistant Vice-President
Yusen Air & Sea Service (USA) Inc.
Airport Industrial Park, Building C-3
Hook Creek Blvd. &145 TH Avenue
Valley Stream, NY 11581

RE: The tariff classification of Photoelectric Sensors from Japan

Dear Ms. Cross:

In your letter dated October 11, 2002, you requested a tariff classification ruling on behalf of Aromat Corporation of San Jose, California.

The merchandise is described in your letter as Photoelectric Sensors. These are solid state devices consisting of a Light-Emitting Diode (LED) and photo diode. The LED is used as a light emitter device and the photo diode is used as a receiver device. Both of these components are mounted on a semiconductor or electric components so that the light allows a target to be detected when the LED light path is interrupted. The LED and photo diode are positioned opposite each other and due to a target passing between the two, the received light level is changed creating an effect produced by the light. Photoelectric sensors are designed for the detection of small to large objects in applications such as sensing of circuit racks and detection of wafers with digital or analog capabilities The photoelectric sensor will act in response to a target’s presence or absence to carry out such functions as positioning, counting, measuring and sensing. The photoelectric sensors consist of complementary outputs, NPN and PNP transistors, which are able to change state at the same time. The applicable subheading for the Photoelectric Sensors will be 8541.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Diodes, transistors and similar semiconductor devices: photosensitive semiconductor devices… light-emitting diodes; mounted piezoelectric crystals…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 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division