CLA-2-84:OT:RR:NC:N1:120

Ms. Nicole Jenkins
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington DC 20004

RE: The tariff classification of weight sensor assemblies from China and Luxembourg

Dear Ms. Jenkins:

In your letter dated January 8, 2011, on behalf of General Motors Company, you requested a tariff classification ruling.

The merchandise under consideration is referred to as weight sensor assemblies (part numbers 15831338 and 25828680). The weight sensor assemblies imported are predominately made of carbon and resin and include a thermister, cable, connector, electrical control unit (“ECU”) housing, ECU, adhesive tape, felt, AG substrate, FSR substrate, and spacers.

Upon importation the weight sensor assemblies are incorporated into an automobile’s seat between the seat cushion and the seat track in order to measure the weight of an occupant in the passenger seat of an automobile. In a vehicle crash the sensor output is used to control the airbag deployment force during airbag activation compensating for crash conditions. The sensor and substrate are contained in a housing. Strain gauge resistors, located on the substrate, generate an electrical signal which is sent to the ECU in response to the substrate being stressed by the occupant’s weight. The electrical signal generated by the resisters changes based on the weight of the individual occupying the seat. The ECU then sends the data to the airbag’s control unit, which then uses the data to determine the deployment force of the airbag.

The weight sensor assemblies have a maximum weighing capacity of 42 kg.  Thus, they are within the weighing capacity range specified by subheading 8423.82, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the weight sensor assemblies will be 8423.82.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other weighing machinery: having a maximum weighing capacity exceeding 30 kg but not exceeding 5,000 kg. 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 http://www.usitc.gov/tata/hts/.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division