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NY J87676

August 27, 2003

CLA-2-85:RR:NC:1: 112 J87676


TARIFF NO.: 8543.89.9695

Mr. Dennis Forhart
PriceWaterhouseCoopers LLP
Worldtrade Management Services
400 Renaissance Center
Detroit, MI 48243-1507

RE: The Tariff Classification of A Torque-On-Demand Electronic Control Unit (Controller Assembly) and a Hall-Effect Speed Sensor. The Country of Origin is not stated.

Dear Mr. Forhart:

In your letter dated July 15, 2003, on behalf of Borg Warner Diversified Transmission Products Inc., you requested a tariff classification ruling.

The merchandise is a Torque-On-Demand Electronic Control Unit (Controller Unit) and a Hall-Effect Speed Sensor. The function of the Torque-On-Demand Electronic Control Unit (Controller Assembly), assembly part # 4450-000-031, is to monitor the vehicle input signal and make decisions based on these inputs to send input signals to the transfer-case electro-magnetic clutch coil for increased or decreased amount of the torque to the front. It also provides signals to shift the transfer case-shift motor. Regarding the Controller Assembly, you propose classification in HTS 9032.89. You cite New York Ruling Letters G82747, 10-18-2000, and NYRL 852475, 5-30-90. However, the item in G82747 was a very different item and Headquarters Ruling Letter 085281 AJS, 11-8-89, ruled that optimizer systems were not classified in HTS 9032.

The function of the Hall-Effect Speed Sensor, part # 1386-140-006, is to detect the speed of a shaft via a square-toothed tone wheel on the shaft. Regarding the Speed Sensor, you propose classification in HTS 9032.90. You cite NYRL 878294. However, the item appears to be closer to the Hall-Effect Gear Tooth Sensor which HRL 965764 TPB, 8-13-02, ruled not to be classified in HTS 9032, but in HTS 8543.

The applicable subheading for the Torque-On-Demand Electronic Control Unit (Controller Assembly) and a Hall-Effect Speed Sensor will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 646-733-3017.


Robert B. Swierupski

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