The tariff classification of an Ultrasonic Sensor Parking Alert from China

N075140 September 23, 2009 CLA-2-85:OT:RR:E:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8531.80.0050 Ms. Charlotte J. Chowning Inbound Traffic Manager Jasco Products Company 10 E. Memorial Road Oklahoma City, OK 73114 RE: The tariff classification of an Ultrasonic Sensor Parking Alert from China Dear Ms. Chowning: In your letter dated September 9, 2009, you requested a tariff classification ruling. The merchandise subject to this ruling is the Ultrasonic Sensor Parking Alert (#50487). This item consists of a sensor module and a light emitting diode (LED) signaling module. Together, these electronic devices assist a driver of a motor vehicle, in guiding their vehicle to a safe stopping distance when parking (within a garage). The Ultrasonic Sensor Parking Alert can be mounted on a wall by Velcro or by screw mounting. The sensor module should be mounted on the wall at the same height as the bumper of the vehicle for which it is intended to be used. The item allows for 3 selectable stopping distances; 1, 2 and 3 feet. Using the slide switch, which is located on the back of the sensor unit, the user can set the parking alert to their desired stopping distance. The signaling module would be mounted on the wall in the line of vision of the driver. The sensor operates on four “AA” batteries which are not included with the unit. In use, the sensor module transmits ultrasound pulses that are reflected by an incoming object. When a vehicle is detected, more pulses are transmitted to track the incoming vehicle speed and distance. When the driver pulls the vehicle slowly into the parking area, the display unit shows a slow flashing yellow light, signaling that the vehicle is detected. A red light will illuminate and stay on when the vehicle reaches the desired stopping distance. You have proposed classification of this device under subheading 8531.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric … visual signaling apparatus … : Indicator panels incorporating … light emitting diodes (LED’s): Other. The Ultrasonic Sensor Parking Alert system incorporates both the detecting and signaling components. The signal is communicated to the user by the use of flashing lights. Indicator panels as described in the EN’s to heading 8531, use numbers, letters, or symbols to communicate. A flashing light would not be considered an indicator panel. In addition, CBP has consistently ruled that devices that both detect and provide a simple signal (flashing light) are classified under subheading 8531.80.0050. The applicable subheading for the Ultrasonic Sensor Parking Alert (#50487) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric…visual signaling apparatus…: Other apparatus: Other". The rate of duty will be 1.3%. 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 ruling, contact National Import Specialist Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division