CLA-2-85:RR:NC:1:110 R03172

Mr. Kevin R. Turner
Johnson Electric North America
47660 Halyard Drive
Plymouth, MI 48170-2429

RE: The tariff classification of controller assemblies from Hungary.

Dear Mr. Turner:

In your letter dated January 26, 2006 you requested a tariff classification ruling.

The merchandise under consideration is two Johnson Electric Fan Control Modules (FCM), (Part Numbers 10799920 and 10800020).

The Fan Control Modules are complete electronic control assemblies designed to manage and protect a motor vehicle’s engine cooling fan. The Fan Control Modules consist of a populated printed circuit assembly (PCA) within a sealed metal housing measuring approximately 4 inches by 3 inches and is 1¼ inch high. The metal housing features cooling fins to dissipate heat from the unit, two mounting ears and two multi pin sockets for connecting to the electric fan and a motor vehicles electric system. The Fan Control Modules manage the voltage of a constant speed fan motor and protects the motor from Over-current, Detached Motor/Stalled Motor, Partially Stalled Motor, Over Temperature and Over/Under Voltage by use of integrated circuits (ICs) and sensors. The Fan Control Modules have a maximum operating input voltage of 16V with Over-voltage protection for up to one minute at 24V.

In your letter you suggest classification under 8537.10.6000 for motor control centers. Motor Control Centers typically house a number of electrical apparatuses (i.e. switches, fuses, circuit breakers, contactors, controllers, etc.). The Fan Control Modules are individual controllers.

The applicable subheading for the two Fan Control Modules (P/Ns 10799920 and 10800020) will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consoles…and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division