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NY 866029




August 29, 1991

CLA-2-90:S:N:N1:104 866029

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.89.0080; 8524.90.4080

Ms. Maryann Mikolaitis
AMREP
160 Schoolhouse Road
Souderton, PA 18964-9990

RE: The tariff classification of an electromagnetic scanner and software from Canada.

Dear Ms. Mikolaitis:

In your letter dated July 30, 1991, you requested a tariff classification ruling.

The "EMSCAN" (Electromagnetic Scanner) is a Computer Aided Engineering (CAE) tool for the assessment of the electromagnetic (EM) performance of PCB's. It can be used to pinpoint the location of high emission sources and evaluate how engineering changes affect EM performance. It consists of a scanner board which contains an array of EM probes and a built-in IEEE-488C interface bus. The EM energy detected by the scanner board can be analyzed and displayed graphically using a conventional receiver or spectrum analyzer and computer. The scanner is the only hardware to be imported.

The "EMSCAN" software provides the user all the basic features to perform spectral and spatial displays, save and reload files, and manipulate multiple files. It will be imported on two 5 1/4" standard floppy discs and two 3 1/2"mini-floppy discs.

The applicable subheading for the EMSCAN will be 9030.89.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for measuring or checking electrical quantities. The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the software will be 8524.90.4080, HTS, which provides for other recorded media. The duty rate will be 9.7 cents per square meter of recording surface.

Goods classifiable under subheadings 9030.89.0080 and 8524.90.4080, HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percent rate of duty and a 6.7 cents per square meter of recording surface rate of duty respectively under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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