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HQ W968384

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November 21, 2006

CLA-2 RR:CTF:TCM W968384 HkP

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.90.6080

Barbara Dawley, Esq.
Meeks & Sheppard
Attorneys at Law
1735 Post Road
Suite 4
Fairfield, CT 06824

Dear Ms. Dawley:

This is in response to your letter of July 18, 2006, to U.S. Customs and Border Protection (“CBP”), National Commodity Specialist Division, in which you request a binding tariff classification ruling under the Harmonized Tariff Schedule of the United States (“HTSUS”) on behalf of your client, Denso Manufacturing Michigan, Inc. The commodity at issue is a bus harness assembly imported from Japan. Your letter, with sample appended, was forwarded to this office for a response. In reaching our decision we have also taken into consideration the information provided by you and your client to CBP during a teleconference on November 1, 2006.

FACTS:

The bus harness assembly at issue consists of: (1) four color-coded housed “smart connectors” - each containing a digital monolithic silicon integrated circuit (“IC”), diodes and a condenser mounted on a printed circuit board; (2) an insulated wiring harness; (3) a female thermistor connector; and (4) a female ECU power supply connector. A “monolithic integrated circuit is “the common form of chip design, in which the base material (substrate) contains the pathways as well as the active elements that take part in its operation.” (http://www.techweb. com). A “condenser” is “an electrical charge device that acts to store an electrical charge preventing voltage surges.” (http://autorepair.about. com/cs/generalinfo/l/blglossary1.htm). A “diode” is “an electrical device that will allow current to flow in one direction only.” Id. The term “thermistor” is used to describe a range of electronic components whose principal characteristic is that their electrical resistance changes in response to changes in their temperature. (http://betatherm.com/indextheory. php). More generally, a “bus” is a data pathway that connects the different parts of a computer memory, processor, disk drives, and other components. The bus consists of multiple conducting wires (lines) running in parallel. Different lines are used to carry different types of information, including memory locations, data, and control signals. See http://www.microsoft. com/technet/prodtechnol /visio/visio2002/plan/glossary. A “harness” is “a group of electrical conductors laced or bundled in a given configuration, usually with several breakouts.” (http://www.autoglossary.com). Taken all together, we understand your product at its most basic level to be an automotive insulated wiring set that carries different types of information, fitted with connectors, some of which contain an IC, diodes and a condenser.

You have described the bus harness assembly as being designed to be connected to, and to operate with, an automotive electronic control unit (“ECU”) and servomotors that control the heating, ventilation and air conditioning (“HVAC”) system of an automobile. A “servomotor” is “a motor that controls the action of the mechanical device in servomechanism”. The American Heritage Dictionary of the English Language, Fourth Ed., available at http://www.answers. com/topic/servomotor. In turn, a “servomechanism” is “a feedback system that consists of a sensing element, amplifier, and servomotor, used in the automatic control of a mechanical device.” Id. The purpose of a servomechanism is to provide one or more of the following objectives: (1) accurate control of motion without the need for human attendants (automatic control); (2) maintenance of accuracy with mechanical load variations, changes in the environment, power supply fluctuations, and aging and deterioration of components (regulation and self-calibration); (3) control of a high-power load from a low-power command signal (power amplification); (4) control of an output from a remotely located input, without the use of mechanical linkages (remote control, shaft repeater). McGraw-Hill Encyclopedia of Science and Technology (2005), available at http://www.answers.com/topic/ servomechanism. According to the information provided, the black smart connector attaches to the black servomotor which regulates the re-circulation of fresh air. The red smart connector attaches to the red servometer which regulates the directional flow of air. The green smart connector attaches to the green servometer which regulates the mixture of air from the HVAC heater core and evaporator. The blue smart connector attaches to the blue servometer which regulates driver’s side air mixture.

When installed in a vehicle, the BUS harness assembly will be connected directly to the automobile’s ECU by means of the female ECU power supply connector on the harness. Generally, an ECU consists of an 8-bit microprocessor, random access memory (RAM), read only memory (ROM), and an input/output interface. It controls the fuel injection system, ignition timing, and the idle speed control system as well as power to the fuel pump (through the control relay). Based on the information from the input sensors (engine coolant temperature, barometric pressure, air flow, etc.), the ECU determines the optimum settings for the output actuators (injection, idle speed, ignition timing, etc.). See http://autorepair.about.com/cs/generalinfo/l/ bldef_160.htm. The ECU constantly receives sensory data from various components within the HVAC system and from the occupants of the passenger compartment of the automobile. Using that data, the ECU is designed to automatically monitor and regulate the temperature, directional air flow and ventilation, among other things, within the passenger compartment of the vehicle by comparing the desired temperature, air flow, ventilation or other request with the current condition of those variables and determines what changes are necessary to achieve the desired result. Upon reaching that decision the ECU sends an electronic command through the bus harness assembly. Each of the four color-coded smart connectors has been preprogrammed to recognize specific commands. However, the ECU is not a component of the imported item.

In addition, it is claimed that the bus harness assembly is solely used with automotive ECUs, has no other use, and is specifically designed to connect the ECU via the female ECU power supply connector. In your ruling request you state your belief that your product is a constituent part of the ECU and as such is classifiable as a part under heading 9032, HTSUS, in subheading 9032.90.6080, HTSUSA. In the alternative, you contended that the assembly is properly classified in subheading 8542.21.8089, HTSUSA, as a digital monolithic integrated circuit by application of GRI 3(b).

Insofar as the product at issue appears to be a wiring harness with connectors, CBP asked you to address the issue of why you believe your product does not meet the terms of heading 8544, HTSUS. During our teleconference you informed us that the IC housed in the smart connector takes the connector beyond the scope of heading 8544, HTSUS. Specifically, you told us that the smart connectors facilitate the flow of logic and communication between the ECU and the HVAC component to be controlled by processing signals but cannot control the component on their own, that is, they do not act automatically. However, you stated that the smart connectors do have the intelligence to execute commands, in that, the smart connectors sense pulses and current draw – both electrical phenomenon. You provided us with an example in which the ECU sends a command to a HVAC component through the bus harness assembly. If the component does not achieve the desired result based on the command, the IC in the smart connector will adjust the pulses of the component so that the commanded result is achieved. The smart connector does this without further input from the ECU. Once the desired result is achieved, the smart connector then informs the ECU that its instruction has been accomplished.

ISSUE:

What is the correct classification of a bus harness assembly fitted with connectors, some of which house digital monolithic silicon integrated circuits, diodes, and condensers?

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.

The HTSUS provisions under consideration are as follows:

8542 Electronic integrated circuits and microassemblies; parts thereof: Monolithic integrated circuits:
8542.21 Digital:

Other:
Other:
Silicon:
Other, including microprocessors, controllers, application specific integrated circuits (ASIC), and programmable logic arrays (PLA): Other:
8542.21.8089 Other ..

8544 Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; : 8544.30.0000 Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships ..

9032 Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: 9032.90 Parts and accessories:
9032.90.60 Other ..
Other ..

Note 1(m) to Section XVI, HTSUS, excludes goods of chapter 90 from Section XVI.

Note 5(b) to Chapter 85 provides, in pertinent part:

For the purposes of headings 8541 and 8542:

(b) “Electronic integrated circuits and microassemblies” are:

(i) Monolithic integrated circuits in which the circuit elements (diodes, transistors, resistors, capacitors, interconnections, etc.) are created in the mass (essentially) and on the surface of a semiconductor material (doped silicon, for example) and are inseparably associated[.]

Legal Note 2 to chapter 90, HTSUS, provides:

Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules:

Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 (other than heading 8485, 8548 or 9033) are in all cases to be classified in their respective headings;

Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind;

All other parts and accessories are to be classified in heading 9033.

Legal Note 7 to chapter 90, HTSUS, provides:

Heading 9032 applies only to:

Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring it actual value; and

Automatic regulators of electrical quantities, and instruments or apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value.

As an initial matter, we note that heading 8542, HTSUS, provides for, inter alia, electronic integrated circuits. The product at issue is comprised of a printed circuit board populated with, among other things, an IC, diodes, and a condenser, is housed in plastic casing and is connected to a wiring harness. Consequently, we find that the bus wiring harness assembly does not meet the terms of Note 5(b) to chapter 85. Therefore, classification under heading 8542, HTSUS, is precluded.

We next consider classification under heading 8544, HTSUS, because the bus harness assembly appears to be a wiring harness of that heading and Note 2(a) to chapter 90, HTSUS, directs, in part, that parts of goods of chapter 90 which are goods of chapter 84, 85, 90, and 91 are in all cases to be classified in their respective headings. You contend that heading 8544, HTSUS, does not provide for connectors as advanced as the smart connectors.

We note that in order for the ECU to regulate and control the HVAC system of an automobile, it must have the capability of electronically sending commands to the individual servomotors that open ventilation dampers to direct air flow, mix air generated by the heater core and evaporator to produce desired temperatures, etc. This is accomplished by the smart connectors, in that, each smart connector on the bus harness assembly is preprogrammed to only recognize specific commands from the ECU so that the signal is properly directed to the correct servomotor. Based on the function of the smart connectors, we find that the bus harness assembly does not meet the terms of 8544, HTSUS. We note that this conclusion is supported by the Explanatory Notes to heading 8544, HTSUS.

The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80. EN 85.44 does not address the nature of connectors provided for in heading 8544, HTSUS; however, based on the nature of the articles they discuss, we are of the view that the smart connectors in the instant case are not the type of connectors provided for in heading 8544. In addition, we note that CBP has previously found that a “USB Smart Cable” constructed of a USB series A connector, a USB compliant two meter 5 conductor insulated and shielded cable, and an IEEE 1284-B connector attached to a printed circuit board installed inside connector housing, does not meet the terms of heading 8544, HTSUS. See NY C83477, dated January 22, 1998.

It is your contention that the bus harness assembly is a part classifiable under heading 9032, HTSUS, which provides for, among other things, parts for automatic regulating or controlling instruments and apparatus. When we consider the nature of the instrument or apparatus of which the bus harness assembly is a part, i.e., the ECU, we find that the ECU meets the terms of Legal Note 7 to Chapter 90, HTSUS, and is therefore classified under heading 9032, HTSUS. The bus harness assembly is solely used with automotive ECUs, has no other use, and is specifically designed to connect to the ECU via the female ECU power supply connector. Based on these characteristics, we find that the bus harness assembly is a constituent part of the ECU, without which the ECU could not regulate the temperature, directional air flow and ventilation within an automobile. Consequently, we find that the BUS harness assembly meets the requirements of parts and accessories dictated by Legal Note 2(b) to Chapter 90, HTSUS.

HOLDING:

By application of GRI 1 and Legal Note 2(b) to Chapter 90, HTSUS, we find that the bus harness assembly is classified under heading 9032, HTSUS, specifically in subheading 9032.90.6080, which provides for: “Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Parts and accessories: Other: Other.” The 2006 column one, general rate of duty is 1.7% ad valorem.

Duty rates are provided for your convenience and subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.

Sincerely,

Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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See also:

• Tariff No.: 8542.21.80 - Electronic monolithic digital integrated circuits, not elsewhere specified or included
• Tariff No.: 8544.30.00 - Insulated ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships
• Tariff No.: 9032.90.60 - Parts and accessories for automatic regulating or controlling instruments and apparatus, nesi