CLA-2-85:RR:NC:MM:109 J82149
Mr. Timothy Shepherd
Attorney-in-Fact
Nissin Customs Service, Inc.
101 Mark Street
Suite G
Wood Dale, IL 60191
RE: The tariff classification of Accelerator Position Sensor Parts from Japan
Dear Mr. Shepherd:
In your letter dated February 17, 2003 you requested a tariff classification ruling, on behalf of Keihin IPT Manufacturing Inc. (KIPT).
Your request covered 5 items. These items are a Throttle Wire Stay (Part Number CR671-RCA-6000), a Pin, Knock (Part Number CR6U0-RCA-0000), A Collar, Distance (Part Number RC6U5-RCA-0000), an Accel. Drum Comp (Part Number CR675-RCA-0000), and a Body Comp C ((Part Number CR610-RCA-7000). Each of these items is a part of an Accelerator Position Sensor (APS). The function of the APS is to receive mechanical input from the accelerator pedal, convert it to an electrical signal, and send the signal to the electronic control unit (ECU), enabling the automobile to increase or decrease in speed. There is a rheostat within the APS, which transforms/converts the mechanical motion (input) to an electrical signal. The electrical signal is sent to the ECU. The ECU signals the throttle body motor to open or close the butterfly valve in the throttle body, causing the car to accelerate or decelerate. In Ruling NY I85491 the APS was classified as a rheostat under subheading 8533.40.8040. Samples of each of these items were received by this office and were returned to you as requested.
The Throttle Wire Stay (Part Number CR671-RCA-6000) is a stamped metal bracket with two non-threaded holes in its base. At the top of the stay there are two metal protuberances, each approximately 8mms wide separated by a 9mm gap with a rounded radius of the same diameter. The stay is designed to accept and hold the “collared” end of an accelerator cable in such a way as to hold it a rigid distance from the APS assembly and hold it firmly in place while the inner metal cable of the accelerator is locked into the Accel. Drum Comp in such a manner to allow the throttle wire stay to move back and forth (under spring tension) in response to driver demand via the accelerator pedal.
The Pin, Knock (Part Number CR6U0-RCA-0000) is a small metal stamped part. It has a partly hollow tubular unthreaded body 7mms long. The body is smaller at the bottom and flares to a larger diameter near the head. The head is a circular “pan-headed” top also measuring 7mms in diameter. It closely resembles a rivet provided for in subheading 7318.23, but it is not used to hold two parts together. Rather, it is used to cushion the aluminum cast Body Comp C from the force of the spring tension on the Accel. Drum Comp when the demand on the accelerator ceases and the spring tension returns the device to the “at rest” position, hence the name “knock” pin.
The Collar, Distance (Part Number RC6U5-RCA-0000) is a small steel spacer. It goes on the shaft outboard of the Accel. Drum Comp and the (non-rheostat bearing) outside of the Body Comp C. The purpose of the Collar, Distance is to compress the spring tension and maintain proper distance between the Accel. Drum Comp and the Body Comp C. It is internally divided into different diameters, 11mms at the bottom and 10mms at the top. The top of the spacer is beveled externally.
The Accel. Drum Comp (Part Number CR675-RCA-0000) accepts the throttle cable for the APS. It is a moving part, but has no electrical function.
The Body Comp C ((Part Number CR610-RCA-7000) is an aluminum machined casting containing a brass bushing. It has six threaded holes. It has no electrical function.
You suggested HTS # 8708.99.8080 as the classification for the Throttle Wire Stay (Part Number CR671-RCA-6000). However, although this a part of an APS, which is used in an automobile of Chapter 87, Note 2(f) of Section XVII of the Harmonized Tariff Schedule (HTS) excludes electrical machinery or equipment which would be classified in Chapter 85. Therefore, since the Throttle Wire Stay is a part of a rheostat, which is provided for in Chapter 85, it cannot be classified in Chapter 87, which is part of Section XVII.
You suggested subheadings 7318.29 or 8708.99 as the classification for the Collar, Distance (Part Number RC6U5-RCA-0000). However, the collar does not function like a fastener of heading 7318. With regard to 8708.99, although this a part of an APS, which is used in an automobile of Chapter 87, Note 2(f) of Section XVII of the Harmonized Tariff Schedule (HTS) excludes electrical machinery or equipment which would be classified in Chapter 85. Therefore, since the Collar, Distance is a part of a rheostat, which is provided for in Chapter 85, it cannot be classified in Chapter 87, which is part of Section XVII.
The applicable subheading for the Throttle Wire Stay (Part Number CR671-RCA-6000), the Pin, Knock (Part Number CR6U0-RCA-0000), the Collar, Distance (Part Number RC6U5-RCA-0000), the Accel. Drum Comp (Part Number CR675-RCA-0000), and the Body Comp C ((Part Number CR610-RCA-7000) will be 8533.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical resistors (including rheostats and potentiometers), other than heating resistors, Parts: For the goods of subheading 8533.40, of ceramic or metallic materials, electrically or mechanically reactive to changes in temperature. The duty rate 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