August 4, 2004 CBP Bulletin Notices on Position Sensors and Moisture Meters
In the August 4, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 32), CBP issued notices: (a) revoking or modifying three classification rulings on position sensors, and (b) revoking three classification rulings on moisture meters. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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With respect to these revocations and modifications, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 3, 2004. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation or Modification of Six Classification Rulings
Position Sensors. At issue are three types of position sensors, of which two are used mainly in automotive engines to generate electrical signals relative to a rotating cam or crankshaft which are relayed to an on-board printed circuit board (pcb), and the third type of sensor is used in conjunction with the crankshaft of an internal combustion piston engine.
CBP is issuing HQ 967103, HQ 967134, and HQ 967135, in order to modify NY J87676 and revoke HQ 965764 and NY G86705, respectively, and reclassify the position sensors under HTS 8543.89.4000 which provides in part for "electric synchros and transducers, etc." rather than under HTS 8543.89.9695 as "other machines and apparatus."
Based on its reasoning in HQ 964599 (dated 12/22/00), CBP states that the subject position sensors are transducers which convert shaft rotations into an output of electric pulses that can be recognized by a processor.
As a result, CBP states that notwithstanding the fact that the position sensors might function as parts of larger instrumentation systems, they are goods included in HTS 8543, in accordance with HTS Section XVI, Note 2(a) and HTS Chapter 90, Note 2(a) which state, among other things, that parts of machines which are goods included in any of the headings of Chapters 84 or 85 are in all cases to be classified in their respective headings.
(See ITT's Online Archives or 06/15/04 news, 04061560, for BP summary of the proposed rulings, including more detailed descriptions of the position sensors.)
new: 8543.89.4000, 2.6%; previous: 8543.89.9695, 2.6%.
Moisture Meters. At issue are certain meters used to either test or routinely determine the moisture content in materials.
CBP is issuing HQ 966940 in order to revoke NY 895922, and issuing HQ 966941 in order to revoke HQ 089800 and NY 860128, and reclassify the moisture meters under HTS 9025.80.3500 which provides for "non-recording hygrometers, etc." rather than under HTS 9027.80.80 as "other instruments and apparatus for physical or chemical analysis, etc."
CBP explains that the meters are substantially similar to chemical hygrometers, as described in Explanatory Note (EN) 90.25 (D). In addition, EN 90.27 states that HTS 9027 excludes, among other things, hygrometers of HTS 9025.
CBP also states that the subject meters do not possess the ability to record data variations between diverse samples with the intent of constructing a graph or similar means by which to record/display variations between samples.
Therefore, CBP states that the meters are properly classified under HTS 9025.80.3500 as non-recording hygrometers.
(See ITT's Online Archives or 06/18/04 news, 04061845, for BP summary of the proposed rulings, including detailed descriptions of the meters.)
new: 9025.80.3500, 1.4%; previous: 9027.80.80, duty-free.
August 4, 2004 CBP Bulletin (Vol. 38, No. 32) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_08042004_no32/