CLA-2-85:OT:RR:NC:1:110
Mr. Gianni Pizzato
Guidosimplex
27791 Valleyview Drive
Cataldo, ID 83810
RE: The tariff classification of driving control systems from Italy.
Dear Mr. Pizzato:
In your letter dated April 30, 2010, you requested a tariff classification ruling.
The merchandise under consideration are the 1094FR and 1094FV Secondary Hand Controls, which are control systems designed to assist disabled persons in the operation of motor vehicles, and the Duck Device, a manually operated electrical servo clutch.
The 1094FR and 1094FV systems both consist of a control unit, battery-powered infrared (IR) remote control, and a photocell sensor, all packaged together for retail sale. The control unit is situated within the cabin of the vehicle and connects to power through an auxiliary 12 Volt (V) outlet. It consists of a rectangular box encasing a printed circuit board assembly (PCBA) populated with several relays, active and passive components, and a terminal strip. The 1094FR IR remote control is in the form of a keypad with 13 illuminated push-button switches and an on/off slide switch. This remote control mounts to a vehicle’s steering wheel by means of a chuck clamp. The 1094FV IR remote control is in the form of a horseshoe with 11 illuminated push-button switches and an on/off slide switch. This remote control mounts to a vehicle’s steering wheel over a wheel knob, which in turn is mounted to the steering wheel. Key vehicle functions such as the turning signals, windshield wipers, headlights, and hazard signals connect to the control units via wiring harnesses, and may be activated by the IF remote controls. The photocell sensor also connects into the control units and automatically activates the vehicle’s parking lights when the intensity of the outside light decreases.
As imported, the 1094FR and 1094FV Secondary Hand Control systems meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The control units clearly provide the essential character of each set.
The Duck Clutch is a semi-automatic clutch system, which is used to assist disabled drivers when operating a vehicle with a manual transmission. The Duck Clutch is essentially an electrically powered actuator system which can be installed on any vehicle in order to operate the clutch pedal using a manually operated electronic command. This system consists of a control knob, an electronic gear case and an electric actuator with cable. The control knob incorporates a lever which is internally connected to a potentiometer. The electronic gear case is the control unit for the system; it interprets the information sent from the control knob and uses it to efficiently operate the actuator. The actuator is an electronic gear motor with an attached cable. The cable would be connected to the vehicle’s clutch pedal. The power from the actuator is used to push the cable forward which in turn depresses the clutch pedal. In use, the control knob would be mounted on the stick shift, as the driver presses down on the control knob’s lever it sends a signal to the electronic gear case which interprets the signal and instructs the actuators to press the clutch pedal. Once the clutch pedal is depressed the drive can shift the car into the desired gear.
As imported, the Duck Clutch system meets the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The actuator assembly clearly provides the essential character of this set.
The applicable subheading for the Duck Clutch system will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors…: Other DC motors…: Of an output not exceeding 750 W: Motors: Exceeding 74.6 W but not exceeding 735 W.” The general rate of duty will be 4 percent ad valorem.
The applicable subheading for the 1094FR and 1094FV Secondary Hand Control systems will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets, and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
You state that all of the items mentioned in your ruling request “are manufactured ‘specifically for disabled people’ and will be sold and distributed to dealers that sell vehicles, equipment, and hand control devices to the disabled community in the United States.”
From that and statements in your firm’s previous ruling requests on similar items, we take it that you are claiming a secondary classification under HTSUS 9817.00.96, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped.
It is clear that only those who did not have the use of a given part of the body would utilize these items. Due to the expense and difficulty of purchase and installation and the necessity for training/practice in their use, they would be very unlikely to be purchased and used by someone with a temporary or acute disability, as opposed to one that is permanent or chronic. We consider driving an automobile to be a “major life activity” for the purposes of U.S. Note 4-a to Subpart 17 to HTSUS Chapter 98.
A secondary classification will apply for these items in HTS 9817.00.96, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P. Note that this classification has no effect on any quota, visa, or restricted merchandise requirements.
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 classification in 9817.00.96 of this item, contact National Import Specialist J. Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division