CLA-2-90:OT:RR:NC:N4:405
Alexander Pellerito, Jr.
Associate General Counsel – Director Trade Compliance
Sharp Electronics Corporation
Sharp Plaza
Mahwah, NJ 07495
RE: The tariff classification of Air Quality Sensor and a Distance measuring Sensor. No country of origin was given.
Dear Mr. Pellerito:
In your letter dated June 28, 2012, you requested a tariff classification ruling. Two samples were provided.
The subject merchandise is described as an “Air Quality Sensor Model GP2Y1010AU, and 1 Bit Output Type Distance Measuring Sensor Model GP2Y0D810Z0F (a sample of each device is included along with specification materials and general application note of their functionality).”
Regarding the Air Quality Sensor, it is also referred to a Dust Sensor in the Application Note you supplied. It is physically a plastic and metal box with several opening in it and is about .5 inch by 1inch by 1.75 inch. Per page 3 of that Application Note:
“Chart – C shows how the device works when dust and/or cigarette smoke exists inside of it. In this case, the detector detects the light reflected from the dust and/or a particle of the cigarette smoke. Current in proportion to the amount of detected light comes out from the detector and the device makes analog voltage output (pulse output) after the amplifier circuit amplifies the current from the detector.”
Therefore, the import emits an analog voltage output which is very closely proportional to the level of smoke/dust passing through it at any given moment. It is thus similar to the Tyndallometers given as an example of apparatus for dust analysis in gases in Harmonized System Explanatory Note 11 to 9027. It is clear that the import is electrical per Chapter 90, HTSUS, Additional U.S. Note 2.
Regarding the Distance Measuring Sensor Model; the Distance Measuring Sensor is identified as Model GP2Y0D810Z0F. It consists of a light emitting diode (LED), which is an emitter, a positive sensitive diode (PSD), which is a light detector, and a lens. The three components are encased in plastic, as a 1 Bit output type of sensor. It does not contain any mirrors. The Distance Measuring Sensor measures reflected intensity of light and is used to detect the presence of objects and humans. It is primarily used in robotic cleaners, hands-free faucets, and computer monitors. The LED is pulsed 32 times and the PSD is synched to measure the output and average them to provide a precise distance. The lens is needed to capture the light in the photosensitive diode. After the Distance Measuring Sensor detects the presence of an object or a human, it sends a message to the MCU, which then acts upon the message. For example, when the Distance Measuring Sensor has been placed within a robot vacuum cleaner it looks for stair steps so that it does not plummet down the staircase. As the sensor monitors the distance to a stair step, it relays that to the MCU which utilizes that information to turn, stop, or rotate.
You propose possible classification under HTSUS 8541.40.20, 8541.40.60, 8542.39.00, 9031.49.90, and 9031.90.90 for both of the items.
Regarding the Air Quality sensor, it is described neither by HTUS 8541 nor 8542 since it is not a diode, transistor, similar semiconductor device or an integrated circuit, but rather a device that consists of various electronic components encased in plastic with a metal screw-on cover. HTSUS 9031 cannot apply since it is specified or included elsewhere in Chapter 90, i.e., in HTSUS 9027.
Regarding the Distance Measuring Sensor Model, it is specifically provided for as an optical coupled isolator within heading 8541.40.80. As such, the other subheadings that you suggested are inapplicable.
The applicable subheading for the Air Quality Sensor will be 9027.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical Gas or Smoke Analysis Apparatus. The rate of duty will be 1.7%.
The applicable subheading for the Distance Measuring Sensor (Model GP2Y0D810Z0F) will be 8541.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes: Other: Optical coupled isolators.” The rate of duty will be free.
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 Distance Measuring Sensor, contact National Import Linda Hackett at (646) 733-3015. If you have any questions regarding the Air Quality Sensor, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division