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NY I85393

September 13, 2002

CLA-2-90:RR:NC:N1:105 I83593


TARIFF NO.: 9025.19.8080

Mr. Craig M. Schau
Emery Customs Brokers
694A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of an Engine Temperature Sensor from Mexico

Dear Mr. Schau:

In your letter dated August 9, 2002, for GE Thermometrics, you requested a tariff classification ruling.

The sample, A-1564, is essentially several feet of insulated wire. A metal housing with a female screw attachment is at one end, and there is a plastic housing with two male metal electric prongs at the other end.

You state that it contains a thermistor (a temperature dependent resistor). The rugged metal housing will be secured into a stream of hot engine gases and, we assume its output will eventually get to the main computer in the vehicle. Since the device contains only a thermistor that is effected by temperature, it appears that it will have an outside power source and that an outside element will deduce the temperature encountered by the change in the circulation of the outside power caused by the thermistor’s change in resistance.

The item will apparently be plugged into a general electrical device, not a separate thermometer, that will calculate and display the temperature encountered by the probe. Consistent with NY815259-112, 10-26-95, we do not consider this a part, but a device in itself.

You cite in your letter’s heading HTS’s 8536, 9025, and 9032, apparently indicating your belief that one of them contains the correct classification of your sample.

You do not explain and we do not understand why you would propose either 8536 or 9032.

Thermistors imported separately are classified in HTS 8533. However, your item contains important elements such as the wiring and the plastic shaft, which are not described by that heading. Your item is better described as a thermometer probe assembly. Note Court of Appeals for the Federal Circuit decision 00-1263, dated April 19, 2001.

The applicable subheading for your sample will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for, thermometers, not liquid filled and not clinical. The rate of duty will be 1.8 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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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