CLA-2-85:OT:RR:NC:N1:109
Jeffery B. Zinsli
MTS Systems Corporation
14000 Technology Drive
Eden Prairie, MN 55344
RE: The tariff classification of non-contact linear position sensors from Germany and Japan.
Dear Mr. Zinsli: In your letter dated August 3, 2015, you requested a tariff classification ruling. The items concerned are referred to as Temposonics® “R-Series” non-contact linear position sensors. The two models subject to this instant ruling are the RP profile-style and the RH rod-style. Both sensors are used for continuous operation in industrial applications such as fluid cylinders, and function by utilizing the “magnetostrictive” position sensing principle, whereby a sonic strain pulse (electrical signal) is produced by the momentary interaction of two magnetic fields. One field comes from a moveable permanent magnet that passes along the outside of the sensor while the other field comes from an interrogation current pulse applied along the waveguide. This electrical signal travels at sonic speed along the waveguide, and is detected at the head of the sensing element which acts as a “slave” device that transmits its position and status data to a “master” device, such as a programmable logic controller (PLC). Each position sensor is a common type of electromagnetic transducer that is used to convert the rectilinear motion of an object into a corresponding electrical signal. You propose classification of these non-contact linear position sensors in heading 9031, Harmonized Tariff Schedule of the United States (HTSUS), as a measuring or checking instrument, appliance or machine not specified or included elsewhere in HTSUS Chapter 90. CBP has ruled multiple times specifically that the position sensors which emit digital pulses when rotated or moved linearly are not classified in heading 9031, HTSUS. See, for example, Headquarters Ruling Letter 967103, dated July 20, 2004. These position sensors emit a varying electrical voltage, but their purpose is not to output a calibrated measurement in a standardized unit of measure such as inches, rpm, or psi, but rather to indicate their position relative to the device they’re incorporated into or attached to. They are therefore neither a measuring nor checking instrument, appliance, or machine for the purpose of Chapter 90, HTSUS. The applicable subheading for the non-contact linear position sensors will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electric synchros and transducers;…”. The rate of duty will be 2.6%. 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 Steven Pollichino at [email protected]. Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division