HQ 952161: Passive Starter Interrupt (PSI-II); EN 85.36

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952161

                         August 4, 1992



CLA-2 CO:R:C:M  952161 LTO

CATEGORY:  Classification

TARIFF NO.:  8536.90.00

Mr. Jeffrey Fuller
Micorp
505 Washington Street
Auburn, Massachusetts 01501

RE:   Passive Starter Interrupt (PSI-II); EN 85.36

Dear Mr. Fuller:

     This is in response to your undated letter, received by this
office on June 19, 1992, requesting the classification of the
Passive Starter Interrupt (PSI-II) under the Harmonized Tariff
Schedule of the United States (HTSUS).

FACTS:

     The article in question is the PSI-II.  The PSI-II prevents
a vehicle from starting unless a secret accessory switch (i.e.,
lights, defroster, etc.) has been activated momentarily after the
ignition is turned to the "ON" position.  If the accessory switch
is not activated, the vehicle will not start and the horn will
sound.  The PSI-II is totally passive--it sets itself
automatically every time the engine is shut off.

     The system consists of five wires terminating into a
connector, a mating harness which also has five wires and a
connector and an external valet switch mounted on the control
box, which acts as a bypass switch.  The external valet switch,
which is located at the bottom of the unit, allows the vehicle to
be started without use of the secret accessory.  The system's
wires connect to the vehicle's starter, ignition, horn, and any
of the vehicle's accessories.  Another wire is used as a ground.

ISSUE:

     Whether the Passive Starter Interrupt (PSI-II) is
classifiable as electrical apparatus for the switching of
                              - 2 -

electrical circuits under the HTSUS.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."  Heading 8536,
HTSUS, provides for "[e]lectrical apparatus for switching or
protecting electrical circuits . . . for a voltage not exceeding
1,000 V."

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System.
While not legally binding, they provide a commentary on the scope
of each heading of the Harmonized System, and are generally
indicative of proper interpretation of these headings.  EN 85.36,
pg. 1389, states that the apparatus for switching electrical
circuits covered by Heading 8536, HTSUS, "consist essentially of
devices for making or breaking one or more circuits in which they
are connected, or for switching from one circuit to another."

     The PSI-II is an electrical device for the switching of
electrical circuits.  Once installed, the vehicle will not start
unless the chosen accessory switch has been activated.  Also, if
the switch has not been activated, the vehicle's horn will sound.
Accordingly, the article in question is classifiable under
Heading 8536, HTSUS, specifically under subheading 8536.90.00,
HTSUS, which describes other electrical apparatus for switching
electrical circuits.

HOLDING:

     The Passive Starter Interrupt (PSI-II) is classifiable under
subheading 8536.90.00, HTSUS, which provides for "[e]lectrical
apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits . . . for a
voltage not exceeding 1,000 V . . . [o]ther apparatus."  The
corresponding rate of duty for articles of this subheading is
5.3% ad valorem.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division