CLA-2-85:OT:RR:E:NC:N1:112

Robert Scott
Logistics Analyst
Williams Controls. Inc.
14100 SW 72nd Avenue
Portland, OR 97224

RE: The tariff classification of a Hall-Effect Sensor Assembly from China

Dear Mr. Scott:

In your letter dated May 23, 2008, you requested a tariff classification ruling.

The item concerned is a Hall-Effect Sensor Assembly (Part # 134489). It is a pedal position sensor used within a forklift control pedal assembly. The Hall-Effect Sensor Assembly (Part # 134489) is a directional sensor. It consists of a Hall-Effect sensor and housing on one end. Four wires are soldered to the sensor, and then sheathed in nylon conduit. The wires terminate into a cable connector. The connector will plug into the vehicle’s Engine Control Unit.

The sensor will be attached to the treadle portion of the control pedal. The sensor senses a magnet that is affixed to the underside of the pedal pad. As the pedal pad moves so does the magnet. The sensor senses the movement of the magnet and sends an electrical voltage signal (5V) to forklift’s transmission, via the Engine Control Unit. This signal correlates to a reverse, neutral or forward state.

You proposed classification under subheading 8431.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: Of machinery of heading 8427”. Section XVI Note 2 (a), HTSUS, states that parts of machines which are goods included in any of the headings of Chapter 84 or 85 are in all cases to be classified in their respective headings. The item concerned is a Hall-Effect Sensor Assembly, which is an electronic device that is provided for in heading 8543. As such, this item cannot be classified under heading 8431.

The applicable subheading for the Hall-Effect Sensor Assembly (Part # 134489) will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual Functions…: Other machines and apparatus: Electric synchros and transducers;…”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division