The tariff classification of a L Series Integrated Engine Speed Control

NY L87153 September 29, 2005 CLA-2-90:RR:NC:N1:105 L87153 CATEGORY: Classification TARIFF NO.: 9032.89.6085 Ms. Marilee Rice Woodward Governor Company P.O. Box 1519 Fort Collins, CO 80522-1519 RE: The tariff classification of a L Series Integrated Engine Speed Control Dear Ms. Rice: In your letter dated August 29, 2005, you requested a tariff classification ruling. No sample was submitted. You attached Woodward Product Specification 03225E for the L-Series Integrated Engine Speed Control. While this item is included in the Actuator section of the Woodward website, 03225E states that it is a “Fully integrated actuator and speed control.” On its actuator side, 03225E indicates that the device can mechanically move the throttle on a gas engine by using the .25 lb-ft of torque (in a 60 degree travel range) that it produces from the direct current electricity it is connected to. It handles a maximum of 32 watts, which is relatively low. On the speed control side, per NIS J. Sheridan’s telephone conversation with J. Clark of your firm, the device inputs electrical pulses that are produced by each revolution of the gas engine’s main shaft. From that it deduces the actual engine RPMs at that moment and compares it to the desired RPMs to be maintained, which has been input previously via a PC. It then gives the instructions to the actuator element to open or close the throttle accordingly, which, in turn, causes the engine to increase or decrease the RPMs in its main shaft. Its primary purpose is to maintain the desired RPMs for an extended period despite the changes that would otherwise result from, in particular, changes in load on the engine. Per 03225E it has a “dynamics” function, which is designed to reduce the overshooting caused by sharp changes in the throttle setting, and a “fuel limiting” function, which reduces the maximum throttle setting, typically to reduce the polluting emissions. These are clearly subsidiary functions. Per Harmonized System Explanatory Note II to 9032, the physical quantities to be maintained include “revolutions per minute.” The applicable subheading for the L-Series Integrated Engine Speed Control will be 9032.89.6085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” automatic regulating or controlling instruments. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division