CLA-2-85:OT:RR:NC:N2:209

Tatiana Snigurski
NNR Global Logistics USA
1701 Nicholas Blvd.
Elk Grove Village, Illinois 60007

RE: The tariff classification of a temperature sensor (thermistor) from China

Dear Ms. Snigurski:

In your letter dated October 29, 2019, you requested a tariff classification ruling on behalf of your client, Satori E-Technology (America) Inc.

The item concerned is referred to as a temperature sensor. It’s used to sense temperature changes within the evaporator of an automotive air conditioning system.

The sensor consists of a thermistor element covered with an aluminum cap housed in a polypropylene cover. It is attached to electrical wires within a PVC jacket terminated by an electrical connector.

In use, the thermistor tip would be inserted into an automobile’s air conditioning evaporator and electrically connected to an automotive computer within the vehicle. The computer would analyze the received signal and makes adjustment for temperature control.

The applicable subheading for the temperature sensor (thermistor) will be 8533.40.8070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof: Other variable resistors, including rheostats and potentiometers: Other.. Other... Other.” The rate of duty will be Free.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8533.40.80, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8533.40.8070, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.

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 Steven Pollichino at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division