CLA-2-90:OT:RR:NC:N4:405
Justine Bacani Mitsubishi Motors North America, Inc. 6400 Katella Avenue
Cypress, CA 90630
RE: The tariff classification of a battery sensor from Japan.
Dear Ms. Bacani:
In your letter dated January 26, 2011, you requested a tariff classification ruling. No samples were provided.
The merchandise at issue in your submission is Part # 1865A189 – Battery Sensor, which you describe as “[A] magnetic proportion system current sensor mounted to the negative battery terminal (-) of an automobile. The sensor is used for measurement of battery charge/discharge current and it also measures temperature with an embedded thermistor.
“The ‘Battery Sensor’ sends signals to the engine ECU which enables it to detect battery charging condition based on battery current and temperature, and use the available voltage as a base reading to control power generation. Having the ability to precisely control battery charging based on need puts less mechanical load on the engine and improves fuel efficiency.”
We note that the heading to HTSUS 9025, which includes hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, states that it covers “any combinations of these instruments”. However, the Harmonized System Explanatory Note to 9025 entitled COMBINATIONS OF INSTRUMENTS confirms that this statement refers only to combinations within the group of instruments described in that heading, not combinations with instruments classified elsewhere in the HTSUS.
Although you have not provided any information on the cost or bulk of its temperature measuring elements as opposed to its electrical measuring elements, we consider the latter, at minimum, to equal merit consideration in providing the essential character of the whole, noting HTSUS General Rule of Interpretation 3(c).
We agree that the applicable subheading for the battery sensor will be 9030.33.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other instruments and apparatus for measuring or checking voltage, resistance or power, without a recording device. The rate of duty will be 1.7% ad valorem.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division