CLA-2-85:OT:RR:NC:N4:120
Ms. Rosalinda Ramos
Loera Customs Brokerage, Inc. 5845 Padre Island Highway
Brownsville, TX 78521
RE: The tariff classification of a battery disconnect from Mexico. Dear Ms. Ramos: In your letter dated January 11, 2017, you requested a tariff classification ruling on behalf of your client, Key Safety Systems, Inc. The device under consideration is referred to as the Pyro-Technic Battery Disconnect (PBD), part number 2020822, which is a safety disconnect in an vehicle’s electrical system. It is comprised of the following components: PBD filter, splitter, and igniter housings; an igniter; a filter element; splitter plates; silicone sealer; and a bus bar. You state in your letter that the PBD is connected to the vehicle’s battery harness and “cuts” that harness during hazardous conditions such as a fire, crash, or high temperature situation.
In use, the PBD relies on an external signal from the vehicle’s electronic control unit (ECU) to activate. Once the ECU detects a crash, the ECU sends a signal to the PBD where the igniter is detonated causing electrical bus bar to open. This breaking of the bus bar terminates high voltage coming into the vehicle from the vehicle’s generator and battery bank, thereby preventing a potentially dangerous electrical situation. However, the electrical circuit that enables the driver/passengers to control the electric windows and door locks to exit the vehicle remains intact.
In your request, you suggest classification in subheading 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS), with provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter;...” Since the battery disconnect can be classified elsewhere in Chapter 85, we do not agree with the suggested classification.
The applicable subheading for the Pyro-Technic Battery Disconnect will be 8536.30.8000 (HTSUS), which provides for: “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits: Other”. The general rate of duty will be 2% 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/current. With respect to your request that this device be given preferential duty free treatment under the North American Free Trade Agreement (NAFTA), you have not provided the documentation this office requested in order to make that determination, e.g. the Manufacturer’s Certificate of Origin and the actual cost sheet for all components and production costs pertaining to the PBD. Therefore, your request for preferential duty free treatment is denied at this time. You may, however, resubmit a separate country of origin determination request for the PBD which provides a complete listing of all the components that make up this device, their country of origin(s), their respective tariff classification(s), and their value(s) in addition to any applicable certificates of origin.
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 Karl Moosbrugger at: [email protected]. Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division