DOJ Says Diesel Engine Nitrogen Oxide Sensor Classifiable as Instrument of Chemical Analysis

A nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026, DOJ said in a brief filed March 8 at the Court of International Trade. DOJ argued that the probe's function falls within the definition of "chemical analysis" and that the sensor itself includes design features that meet plain language definitions of chemical analysis.

DOJ said that Continental Automotive is trying to muddy the waters by explaining the function of the entire NoX sensor even though only one part of the apparatus, the probe, is the subject of the investigation (see 2202010033). The probe is clearly described as an example of a gas analysis apparatus under heading 9027 and operates alone as a chemical analyzer regardless of the role or function of the entire sensor apparatus, it said.

DOJ also said Continental has used different depictions of the probe to downplay its complexity and has used simpler descriptions and illustrations solely for the purpose of litigation. The brief asks Judge Jane Restani to deny Continental’s motion for summary judgment, grant the government’s cross-motion for summary judgment, and dismiss the case.