The tariff classification of an anti-pinch weather strip assembly from Korea

N269226 October 28, 2015 CLA-2-85:OT:RR:NC:N4:120 CATEGORY: Classification TARIFF NO.: 8536.90.8085 Mr. Young Bin Oh Hyundai Motor Company 231, Yangjae 2-dong Seocho-gu, Seoul, Korea ASI/KR/KS013/SEOUL RE: The tariff classification of an anti-pinch weather strip assembly from Korea Dear Mr. Oh: In your letter received in this office on September 22, 2015, you requested a tariff classification ruling. The submitted sample is being returned. The merchandise under consideration is referred to as the “Weather Strip Assembly-Tailgate Anti Pinch Lefthand,” item code 83130-B8100. This assembly is described as consisting of the molded plastic carrier with the fasteners and sensor. What is referred to as the “sensor” is composed of approximately 40 inches of two conductor wires embedded in a rubber coating and terminated at one end with a 110-Ohm resistor and an electrical connector at the other end. The electrical connector is stated to be attached to a wiring harness and ultimately the vehicle’s electronic control unit (ECU). In use, the subject assembly is attached to the rear hatch/tailgate of a vehicle that features a motorized closure. When the user initiates the closing process, the rear hatch lowers until completely closed and latched. If there is an obstruction between the vehicle and the tailgate, the “sensor” is compressed, causing the two conductors to come into contact with each other, and then a signal is sent to the ECU to stop the closing process. You suggest classification of the subject assembly in subheading 9031.80, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines.” However, based on the information provided, the assembly’s “sensor” is not actually measuring pressure, but rather detecting the presence of it when a body part or external pollutant comes between the car body and the tailgate. As such, this assembly cannot be classified in heading 9031, HTSUS. The applicable subheading for the “Weather Strip Assembly-Tailgate Anti Pinch Lefthand” will be 8536.90.8085, HTSUS, which provides for "Electrical apparatus…for making connections to or in electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus: Other: Other." The rate of duty will be 2.7 percent ad valorem. 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 Karl Moosbrugger at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division