Mr. Matt Meinte
7 Independence Pointe, Suite 400
Greenville, SC 29615
RE: The tariff classification of a LLE series Honeywell liquid level sensor from an unspecified country of origin
Dear Mr. Meinte:
In your letter dated April 17, 2012, you requested a tariff classification ruling.
This ruling pertains to the classification of an LLE series Honeywell liquid level sensor. The liquid level sensor functions as a photoelectric switch when the liquid level comes into contact with the switch. The sensor operates by means of a photo transistor. Once the liquid obscures the sensor the phototransistor changes state and allows current to flow. This is rated under 1000 V.
You had originally suggested classification of the LLE series Honeywell liquid level sensor under Harmonized Tariff Schedule of the United States (HTSUS) subheading 8536.50.7000, which provides “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits… for a voltage not exceeding 1000 V: Other switches: Other: Electronic AC switches consisting of …electronic switches consisting of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps." However, the LLE series Honeywell liquid level sensor contains a transistor and a logic chip, which is not provided for in heading 8536. The output signal is by means of current; there is no switch in the circuit; and the unit does not open or close a circuit. Rather, it functions as a photoelectric switch by means of the photo transistor. As such, the photo transistor imparts the essential character of the sensor. Photo transistors are provided for in heading 8541. Therefore, subheading 8536.50.7000 is inapplicable.
The applicable subheading for the LLE series Honeywell liquid level sensor will be 8541.40.7080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Photosensitive semiconductor devices: Transistors: Other." 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 ruling, contact National Import Specialist Linda Hackett at (646) 733-3015.
Thomas J. Russo
National Commodity Specialist Division