Tariff classification of automatic door sensors remanded after competing headings were found unsupported on the existing record.

Imported sensors for an automatic door mechanism were held not classifiable as base metal articles under Heading 8302.60 or electrical switches under Heading 8536.50, because they emitted microwaves and transmitted a signal to a separate door-opening device rather than making or breaking an electrical circuit. Classification under Heading 9032.89 was also found unsupported, as the goods were not shown to be automatic regulating or controlling instruments. Although a possible reference to Heading 90.31 and HSN material was noted, that issue had not been fully argued and the record was incomplete. The tariff dispute was therefore remanded for de novo consideration and fresh classification.

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Issues: Whether the imported sensors were correctly classifiable under the claimed or assessed tariff headings, and whether the matter required remand for fresh classification.

Analysis: The imported goods described as sensors for an automatic door mechanism were found not to be articles of base metal under Heading 8302.60 and not electrical switches under Heading 8536.50, because their function was to emit microwaves and transmit a signal to a separate door-opening mechanism rather than to make or break an electrical circuit. The claimed classification under Heading 9032.89 was also considered inappropriate, as the goods were not shown to be automatic regulating or controlling instruments or apparatus. Although reference was made to Heading 90.31 and the HSN material suggested that the goods might possibly fall within a checking instrument category, that issue had not been argued before the lower authorities and the record was incomplete.

Conclusion: The proper tariff classification could not be finally determined on the existing record and the matter was remanded for de novo consideration.

Final Conclusion: The classification dispute was left open for fresh adjudication after further examination of the goods and materials.

Ratio Decidendi: Where the record is insufficient to conclusively determine the correct tariff heading, and the competing headings are found to be inapplicable or inadequately supported, the matter may be remanded for fresh decision on classification.

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