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HQ 087182


September 4, 1990

CLA-2 CO:R:C:G 087182 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.00

Mr. Norman R. Sutherland
President
Norman R. Sutherland & Associates Inc.
Sunset/Vine Tower
6290 Sunset Blvd
Suite 1126
Los Angeles, CA 90028-8770

RE: Incremental linear measuring system. Explanatory Note 90.31

Dear Mr. Sutherland:

This ruling is in response to your letter of May 7, 1990, requesting a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The article in question is an incremental linear measuring system (ILMS) which consists of the following components:

The Codel CA-2045 read-out instrument with built-in printer which is used for analyzing data relating to the physical dimensions of steel parts.

The Codel CC-1000 Incremental Encoder which is the external probe used to obtain the actual data measurement that is transmitted by fiber optic cable to the read-out unit.

The Codel CA-5000 Multiplexer which enables multiple Incremental Encoders to be coupled together for transmission on a single RS 232 line.

ISSUE:

What is the proper classification of the incremental linear measuring system at issue.

LAW AND ANALYSIS:

Heading 9031, HTSUSA, provides for "[m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof." The Explanatory Notes to heading 90.31 provide for a wide variety of measuring and checking instruments, appliances and machines. The ILMS is used to ascertain the external and internal dimensions measurements, static and dynamic measurements, and absolute and comparative measurements of steel parts. Accordingly, the ILMS satisfies the description of a measuring or checking device within the meaning of heading 9031. More specifically, the ILMS is provided for within subheading 9031.80.00, HTSUSA, as an other measuring or checking instrument, appliance and machine.

HOLDING:

The incremental line measuring system at issue is classifiable within subheading 9031.80.00, HTSUSA, which provides for other measuring or checking instruments, appliances and machines dutiable at the rate of 4.9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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