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NY D82265




October 7, 1998

CLA-2-90:RR:NC:1: 112 D82265

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Mr. Eric S. C. Wang
Dynasty Customs Broker, Inc.
1409 San Mateo Avenue
So. San Francisco, CA 94080

RE: The tariff classification of passive infrared sensors from Taiwan and China

Dear Mr. Wang:

In your letter dated September 3, 1998, on behalf of The Watt Stopper, Inc., you requested a tariff classification ruling.

As indicated in the submitted descriptive literature, the passive infrared sensors detect changes in the infrared heat radiated within a controlled area and, in conjunction with separate power packs, activate or deactivate lighting systems. Various types of lenses, such as the multi-element Fresnel lens, are used to collect the infrared energy.

The applicable subheading for the passive infrared sensors will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments: Other. The rate of duty will be 5.4 percent ad valorem. Although you suggest classification under subheading 8531.90, the provision for parts of electrical sound or visual signaling apparatus, there is no evidence that these sensors are of a class or kind which are principally used with alarms and other types of signaling apparatus.

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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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