The tariff classification of a radar device from Germany.

NY R05056 October 26, 2006 CLA-2-85:RR:E:NC:1:108 R05056 CATEGORY: Classification TARIFF NO.: 8526.10.0040 Mr. Eric A Steinbock SDV (USA) Inc. 377 Swift Ave. South San Francisco, CA 94080 RE: The tariff classification of a radar device from Germany. Dear Mr. Steinbock In your letter dated October 16, 2006, on behalf of SDV (USA) Inc., you requested a tariff classification ruling. The items in question are radar devices for a blind spot detection device intended to complement the use of rear and side view mirrors for lane change maneuvers by the driver. This product is designed to assist a driver intending to make a lane change by detecting and alerting the driver to the presence of another vehicle under certain conditions. The radar devices are 24 GHz ISM band devices and provide both transmit and receive capability to measure range to objects adjacent to the vehicle. The Principle elements of the device include a single beam transmit antenna, a multi-beam phased array receive antenna, and the electronic circuitry to control the radar transmission. You have indicated a classification under HTS subheading 9015.10.4000 however this office disagrees. Note 1-h to HTS Chapter 90 excludes from it “radar apparatus of heading 8526”. The applicable subheading for the radar devices will be 8526.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus. Radar apparatus…. Other. The duty rate will be free. 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). Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8526.10.0040 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only. 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 Mike Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division