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NY E86802

September 23, 1999

CLA-2-90:RR:NC:MM:114 E86802


TARIFF NO.: 9013.80.9000

Mr. Stephen P. Deem
Control Devices, Inc.
228 Northeast Road
Standish, Maine 04084-6149

RE: The tariff classification of Solar Twilight Sensor from the Dominican Republic

Dear Mr. Deem:

In your letter dated August 23, 1999, you requested a tariff classification ruling. A sample of the Solar Twilight Sensor from the Dominican Republic was submitted with the ruling request.

The submitted item number F8VB-14A597-AB 075T9 is identified in your letter and attached literature as a Solar Twilight Sensor. The sample provided is an electro-optical sensor. The literature submitted with your ruling request states that Control Devices’ patented Solar Twilight Sensor uses a combination of Solar and Twilight technologies. The Solar output is a signal that is proportional to the sun’s energy entering the vehicle. This signal allows the climate control system to adjust the temperature setting for continued occupant comfort while in sun or clouds. The Twilight output is used to sense light level as perceived by the human eye for automatic headlamp control. The Solar Twilight Sensor contains a lens, diffuser, connector, resistors, capicators, diodes, transistor, voltage comparitor, circuit boards, pins, silicone computer chip, plastic upper housing and plastic lower housing. The Solar Twilight Sensor contains a lens, which is considered to be an optical element for tariff purposes, and is classified as an optical device.

The applicable subheading for the Solar Twilight Sensor will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments; other devices, appliances and instruments; other. The rate of duty will be 4.5 percent ad valorem.

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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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