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NY G82073

October 18, 2000

CLA-2-85 RR:NC:MM:109 G82073


TARIFF NO.: 8533.40.80

Ms. Renee B. Kahn
Manager U.S. Customs Compliance
DaimlerChrysler Corporation
800 Chrysler Drive CIMS 483-00-40
Auburn Hills, MI 48326-2757

RE: The tariff classification of Bellcrank Assembly from Canada

Dear Ms. Kahn:

In your letter dated September 12, 2000, you requested a tariff classification ruling.

The merchandise is described in your letter as a Bellcrank Housing Assembly consisting of a plastic housing with an internal cam, which can be viewed by opening the lid of the housing, along with an attached sensor.

The Bellcrank Assembly is located in the engine compartment of the automobile and is mechanically connected to the accelerator pedal through a cable assembly. The accelerator cable attaches to a cam (inside the housing) that interfaces with a positional sensor, which is a potentiometer, mounted on the outside of the bellcrank housing. When the accelerator is depressed, driver demand is mechanically transferred through the pedal and cable assembly into the cam. The cam rotates and in turn actuates the positional sensor, which is used to detect and measure mechanical motion. The mechanical motion is translated by the sensor into an electrical output, which is sent to the engine controller to determine the driver demand. Finally, the engine controller sends the appropriate commands to a motor, which is attached to and controls the throttle body, which regulates engine speed. A sample of the merchandise was submitted to this office.

You stated within your letter that it was your opinion that the Bellcrank Assembly is classified in HTSUS 8708.99.8080. However, Note 2(f) of Section XVII of the Harmonized Tariff Schedule (HTS) excludes electrical machinery or equipment which would be classified in Chapter 85. The variable resistor is electrical equipment, which is more specifically provided for in Chapter 85. Therefore, it cannot be classified in Chapter 87, which is part of Section XVII.

The applicable subheading for the Bellcrank Assembly will be 8533.40.80, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other variable resistors, including rheostats and potentiometers: Other.” The general rate of duty will be free.

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 212-637-7048.


Robert B. Swierupski

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