Electric Motor Speed Sensor; NY 878294 Revoked

HQ 967270 AUGUST 13, 2004 CLA-2 RR:CR:GC 967270 JAS CATEGORY: Classification TARIFF NO.: 8543.89.4000 Mr. Robert Noell Cain Customs Brokers P.O. Box 150 Hidalgo, TX 78557 RE: Electric Motor Speed Sensor; NY 878294 Revoked Dear Mr. Noell: In NY 878294, which the then-Area Director of Customs, New York Seaport, issued to you on October 15, 1992, on behalf of NETP, Inc., an electric motor speed sensor was held to be classifiable as other parts and accessories of automatic regulating or controlling instruments and apparatus, in subheading 9032.90.6080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). For the reasons that follow, this classification is incorrect and no longer represents the position of U.S. Customs and Border Protection (CBP) in the matter. Goods classifiable in heading 9032 are subject to the terms of Chapter 90, Note 7, HTSUS. Pursuant to Proposed Modifications to the Harmonized Tariff Schedule of the United States, Investigation No. 1205-5 (Final), USITC Publication 3430, June, 2001, Appendix B, p. 129, effective January 1, 2002, Note 6 to Chapter 90, HTSUS, was renumbered Note 7 and amended, in relevant part, by inserting in paragraph (a) thereof the expression “, 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” immediately following the expression “factor to be automatically controlled,” and by inserting in paragraph (b) the expression “, which are designed to bring this factor to, and to maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value” immediately following the expression “factor to be controlled.” - 2 - The ABS control module of the which the motor speed sensor at issue is a part does not appear to conform to the current text of Note 7. For this reason, classification of the motor speed sensor in heading 9032 is no longer supportable. Consequently, NY 878294 does not represent the correct classification of this merchandise, and the ruling is considered revoked by operation of law, in accordance with Section 177.12 (d)(1) of the Customs Regulations (19 CFR 177.12(d)(1)). CBP’s current position on the classification of sensors of this type can be found in rulings HQ 967103, HQ 967134 and HQ 967135, all dated July 20, 2004. These appear in the Customs Bulletin of August 4, 2004, Vol. 38, No. 32. As you know, this publication is available at www.cbp.gov. We are informing you of this change in classification in the spirit of informed compliance and shared responsibility found in Title VI (Customs Modernization), of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057). You may obtain a ruling on behalf of NETP Inc., by writing the Director, National Commodity Specialist Division, U.S. Customs and Border Protection, One Penn Plaza, 10th Floor, New York, NY 10019. Sincerely, Myles B. Harmon, Director Commercial Rulings Division