CLA-2-90:OT:RR:NC:N1:105
Ryan Supek
TE Connectivity Corporation
2800 Fulling Mill Road
Middletown, PA 17057
RE: The tariff classification of sensor modules from Hungary
Dear Mr. Supek:
In your letter dated May 31, 2018, you requested a tariff classification ruling.
The products at issue are identified as four models of Ambimate sensor modules. Per the information provided with your submission, Ambimate sensor modules are designed to provide an application specific set of sensors on a ready-to-attach PCB assembly that can be integrated into host products and applications. The host products into which the Ambimate sensors can be incorporated include indoor lighting, building automation, zonal environmental controls, etc. The four sensor modules and the sensors contained within each module have been described as follows.
Item 1 (1-2314277-1) consists of a PC board assembly with a temperature sensor, a humidity sensor, a passive infrared motion sensor (motion sensor), and an ambient light photo sensor (light sensor).
Item 2 (1-2314277-2) consists of a PC board assembly with a temperature sensor, a humidity sensor, a motion sensor, a light sensor, and a microphone-equipped sensor to measure decibel levels (sound sensor).
Item 3 (1-2314291-1) consists of a PC board assembly with a temperature sensor, a humidity sensor, a motion sensor, a light sensor, and a carbon dioxide/volatile organic gas (CO2/VOC) sensor. Item 4 (1-2314291-2) consists of a PC board assembly with a temperature sensor, a humidity sensor, a motion sensor, a light sensor, a CO2/VOC sensor, and a sound sensor.
The sensor modules at issue are composite goods in which no single element imparts the essential character to the devices. Consequently, the modules would be classified in accordance with General Rule of Interpretation GRI 3(c), which indicates that the goods would be classified under the heading which occurs last in numerical order among those which equally merit consideration.
Heading 9027, which provides for, inter alia, instruments and apparatus for physical and chemical analysis and measuring or checking quantities of heat, sound or light, is the heading that appears last among those that equally merit consideration in respect to the four modules at issue. The modules’ ability to measure light, sound, and CO2/VOC are all covered by this heading. The provisions of GRI 3(c) are applicable at the subheading level in accordance with GRI 6. As a result, when a module contains multiple elements that are classified in the same heading, and essential character cannot be determined, it would be classified under the subheading that appears last.
For Items 1 and 3, the modules’ ability to measure the intensity of ambient light is covered by the subheading (9027.50) that appears last among those that equally merit consideration. For Items 2 and 4, the modules’ ability to measure quantities of sound is covered by the subheading (9027.80) that appears last among those that equally merit consideration.
The applicable subheading for Items 1 and 3 will be 9027.50.4050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): Other: Electrical: Photometers. The rate of duty will be free.
The applicable subheading for Items 2 and 4 will be 9027.80.4590, HTSUS, which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus: Other: Electrical: Other.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division