June 26, 2009 CBP Bulletin Notice on Classification of Photosensitive Sensors

Proposed revocation of rulings; proposed revocation of treatment. CBP is proposing to revoke two rulings on the classification of photosensitive sensors. Additionally, CBP proposes that this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

CBP states that any party who has received an interpretive ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by July 26, 2009, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.

Photosensitive sensors. In NY I87325, the merchandise is described as Photoelectric Sensors. These are solid state devices consisting of a Light-Emitting Diode (LED) and photo diode. Both of these components are mounted on a semiconductor or electric components so that the light allows a target to be detected when the LED light path is interrupted. Photoelectric sensors are designed for the detection of small to large objects in applications such as sensing of circuit racks and detection of wafers with digital or analog capabilities. The photoelectric sensors consist of complementary outputs, NPN and PNP transistors, which are able to change state at the same time.

In NY K86469, the merchandise is described as follows: The Sunx brand Fiber Sensor is a photosensitive semiconductor device whose structure consists of a light emitting diode (LED), photodiode, optical elements (filter, lens, mirrors), resistor, capacitor, transistor, integrated circuit (IC), and fiber, which is connected to a fiber-optic cable. The sensor emits, receives, and converts the light energy into an electrical signal. The cable is the mechanical component, which transports the light into and out of areas that are either too space constrained or too hostile. The cable then transports the light back to the sensor. The sensor is an optical coupled isolator (photo sensor device) with the essential character being that of the LED (emitter) and photodiode (receiver).

CBP is proposing to issue HQ H044701 in order to revoke NY I87325 and NY K86469 and reclassify the Photoelectric Sensors and Sunx Fiber Sensors under HTS 8543.70.96 as "electrical machines and apparatus, having individual functions", rather than under HTS 8541.40.80 as "photosensitive semiconductor devices including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes:other: Optical coupled isolators."

CBP proposes this change as a correction based on the Explanatory Notes (ENs) and a prior ruling. As described in EN 85.41, a photocouple is composed of an LED (electroluminescent diode) (emitter) and photodiode (receiver), and is a type of photovoltaic cell, which is in turn a type of photosensitive semiconductor device. The LED and photodiode are positioned opposite each other. The LED emits light onto the photodiode creating a light path. The receiver converts the light to current (electrical energy). When the light path is interrupted, the device detects the disruption and reacts.

The Sunx Fiber Sensors which were the subject of NY K86469 consist of an LED, photodiode, optical elements (filter, lens, mirrors), resistor, capacitor, transistor, integrated circuit (IC), and fiber. While the sensors have the components of a photocouple, the sensors perform amplification of the current which is not a function subsidiary to the conversion of light into electrical energy.

Similarly, while the photoelectric sensor which was the subject of NY I87325 has the components of a photocouple, the sensor performs amplification of the current which is not a function subsidiary to the conversion of light into electrical energy. In both instances, the amplification of the current is a function beyond the scope of the photosensitive semiconductor devices of heading 8541.

CBP now proposes that by application of GRI 1, the Photoelectric Sensors and Sunx Fiber Sensors are classifiable under subheading 8543.70.96 which provides for "electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other. . . ."

Proposed: 8543.70.96, 2.6%; Current: 8541.40.8000, duty-free

June 26, 2009 CBP Bulletin (Vol. 43, No. 26) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/