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NY 876481



July 31, 1992

CLA-2-:71:S:N:N3G:344 876481

CATEGORY: CLASSIFICATION

TARIFF NO.: 7104.10.0000

Ms. Pam Marsh
UPS Customhouse Brokerage
6200 Lockheed Avenue
Anchorage, AK 99502

RE: The tariff classification of unmounted crystal quartz blanks from Japan.

Dear Ms. Marsh:

In your letter of July 15, 1992, on behalf of KIC Corporation, you requested a tariff classification ruling on crystal quartz blanks.

You have submitted four samples of unmounted crystal quartz blanks. You state in your letter that these blanks are cut into a specific size and thickness to be mounted into crystal units and crystal oscillators to control the frequency. You have told us in your letter that the crystal quartz blanks are imported unmounted. You feel that the correct classification of the quartz crystal blanks may be parts of crystal units or parts of crystal oscillators under subheading 8541.90.0000, Harmonized Tariff Schedule of the United States (HTS).

Explanatory Note 85.41, Harmonized Commodity Description and Coding System ("HCDCS") indicates what is to be included in Heading 8541. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. See 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 85.41 (D) indicates that...piezo-electric crystals...are classified here only if mounted (emphasis added).

The applicable subheading for the unmounted quartz crystal blanks will be 7104.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Piezo-electric quartz. The rate of duty will be 6% ad valorem.

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

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