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NY N020350

December 27, 2007



TARIFF NO.: 9025.19.8080

Ms. Constance Gaston
PerkinElmer Optoelectronics
44370 Christy Street
Fremont, CA 94538

RE: The tariff classification of A2TPMI Thermopile Sensors from Germany or Indonesia

Dear Ms. Gaston:

In your letter dated November 30, 2007, you requested a tariff classification ruling. No sample was provided.

You submitted a 21 page data sheet for the A2TPMI, which itself has multiple variants indicated by suffixes.

It is an “infrared thermopile sensor with an integrated configurable ASIC for signal processing and ambient temperature compensation. This integrated infrared module senses the thermal radiation emitted by objects and converts this to an analog voltage.”

You state, “The main component of this sensor are the chips.”

From the drawings on page 17 a typical size foot print for it is about 33 millimeters by 17 millimeters.

You state, “Some of the uses include automotive climate control and household appliances.”

You propose classification in either HTSUS 8541-8542 as a semiconductor device or 9025.19 as a pyrometer. Note 8 to HTSUS Chapter 85 states, “For the classification of the articles defined in this Note, headings 85.41 and 85.42 shall take precedence over any other heading in the Nomenclature, except in the case of heading 85.23, which might cover them by reference to, in particular, their function.”

We have determined that HTSUS 8541-8542 does not describe this device in that it consists of components, in addition to two items of 8542, which take it beyond 8542. The PCB is not an insulating base for the ICs to sit upon (outside 8542) and the presence of the “optical cap” takes it beyond a multichip (IC) of 8542.

The Functional Diagram on page 1 of the A2TPMI data sheet indicates that it has an output voltage which, we assume, is quite accurately proportional to the temperature of the nearby object.

We do not consider it to be a Pyrometer of HTSUS 9025.19.40. It is not a “device for measuring relatively high temperatures, such as are encountered in furnaces,” as indicated, for example, by the On-line Encyclopædia Britannica. Per the information on page 4, the temperature range it is used for is usually below 100° C.

The applicable subheading for the A2TPMI will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Thermometers, not combined with other instruments. The rate of duty will be 1.8 percent ad valorem.

Regarding the TPMI and the TPAM 166 L3.9, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit information similar to that which you supplied for the A2TPMI, including information regarding the temperature ranges that are typically measured.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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

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 inapplicability or HTSUS 8541-8542, contact National Import Specialist L. Hackett at 646-733-3015. If you have any other questions regarding the above, contact National Import Specialist J. Sheridan at 646-733-3012.


Robert B. Swierupski

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