CLA-2-85:OT:RR:E:NC:N1:109
Mr. Robert Scott
Logistics Analyst
Williams Controls, Inc.
14100 SW 72nd Avenue
Portland, OR 97224
RE: The tariff classification of a Lever Hand Control, Rotary Hand Control and a Sensor Remote Assembly from China
Dear Mr. Scott:
In your letter dated May 14, 2008, you requested a tariff classification ruling.
The merchandise subject to this ruling is a Lever Hand Control (Part # 134511 WM-535), Rotary Hand Control (Part # 134517 WM-539) and a Sensor Remote Assembly (Part # 134805 WM-531).
The components of each of these three items are mechanical except for a potentiometer, an electrical sensor. The sensor requires external power to function. The power is provided by an engine control unit (ECU).
The first item concerned is the 134511 WM-535 Lever Hand Control. The item is a mechanical device containing a potentiometer. It is designed to provide a signal to the engine fuel control system in response to the driver’s request for engine power. Its sole purpose is to allow the operator to set the RPM speed of the engine. The passive contact potentiometer provides a voltage proportional to the angular displacement of the lever arm for throttle response. The ECU detects the change in voltage from the potentiometer for throttle response as requested by the driver and acts accordingly to the request for throttle increase or decrease. There is no data transmission between the potentiometer and the ECU. The Lever Hand Control does not monitor voltage, and/or frequency, and/or current of output, or self-adjust to maintain a desired motor performance. Its use is restricted to off-road vehicles only, i.e., front end loaders and snowcat vehicles.
The second item concerned is the 134517 WM-539 Rotary Hand Control. The item is a mechanical device containing a potentiometer. It is designed to provide a signal to the engine fuel control system in response to the driver’s request for engine speed. Its sole purpose is to allow the operator to set the RPM speed of the engine. The passive contact potentiometer provides a voltage proportional to the rotational position of the knob. The ECU detects the change in voltage from the potentiometer for throttle response as requested by the driver and acts accordingly to the request for throttle increase or decrease. There is no data transmission between the potentiometer and the ECU. The Rotary Hand Control does not monitor voltage, and/or frequency, and/or current of output, or self-adjust to maintain a desired motor performance. Its use is restricted to off-road vehicles only, i.e., front end loaders and snowcat vehicles.
The third item concerned is the 134805 WM-531 Sensor Remote Assembly. The item is a mechanical device containing a potentiometer. It is used for remote installation of Williams Controls sensors for throttle control. Mechanical sensor interface is provided through a knurled shaft protruding from the housing. An outside friction device is required to turn the knurled end of the shaft in the housing. The other end of the shaft is fitted into the sensor. Typically a cable or mechanical linkage, or combination of both, connect an accelerator pedal or hand throttle control assembly to the knurled shaft end. The passive contact potentiometer provides an electrical output proportional to the rotation of the interfacing shaft. The ECU detects the change in electrical output from the potentiometer for throttle response as requested by the driver and acts accordingly to the request for throttle increase or decrease. There is no data transmission between the potentiometer and the ECU. The Sensor Remote Assembly does not monitor voltage, and/or frequency, and/or current of output, or self-adjust to maintain a desired motor performance.
You proposed classification of the Lever Hand Control, Rotary Hand Control, and Sensor Remote Assembly under subheading 8543.70.9650 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Electrical…apparatus, having individual functions, not specified or included elsewhere…: Other…apparatus: Other: Other: Other: Other”. However, each of these three items is not carrying out any other function than to maintain the RPM speed of an engine, as requested by the driver. It is the ECU that detects and reads the change in voltage as a signal from the potentiometer for throttle response and carries out that function according to the request for throttle increase or decrease. As such, subheading 8543.70.9650 is not applicable. These three items, whose essential character is imparted by the potentiometer, a variable resistor, are appropriately provided for under heading 8533.
The applicable subheading for the 134511 WM-535 Lever Hand Control, 134517 WM-539 Rotary Hand Control and the 134805 WM-531 Sensor Remote Assembly will be 8533.40.8070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical resistors…: Other variable resistors, including rheostats and potentiometers: Other: Other: 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 M. Hackett at 646-733-3015.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division