United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 NY Rulings > NY 801453 - NY 801832 > NY 801771

Previous Ruling Next Ruling
NY 801771




September 28, 1994

CLA-2-90:S:N:N3:114 801771

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.90.5500

Ms. Barry Dashner
Dynamic Control Systems
205-7088 Venture Street
Delta, British Columbia
Canada V4G 1H5

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Applied Machine Vision Sensors from Canada; Article 509

Dear Mr. Dashner:

In your letter dated August 19, 1994 you requested a ruling on the status of applied machine vision sensors from Canada under the NAFTA.

According to your letter, the components are supplied as complete sensors to customers in the United States. You also indicate that you supply the components separately. Your letter states that you are applying for a ruling on the applied machine vision sensors only, not on the separately supplied components.

The sensor consists of the following components: the M6 Sensor Head, the CIB-02 Card, the ENC-05 Card, DSP-04 Card and the DBG- 01 Card. According to your letter, these five items comprise a sensor which provides a measured model of the lumber or log that is being scanned. You also state that the sensor performs no analysis of the lumber/log, nor does the sensor perform a control function. The sensor's measurements are being made for the purpose of measurement. The customer's software takes the data from the sensor and uses it to determine the optimum yield that can be obtained from the lumber. The measurement results may be acted on directly by the customer's system or passed onto another system which will co-ordinate the actual processing of the wood. Data for use in quality control and efficiency can also be obtained by the sensor.

The applicable tariff provision for the applied machine vision sensor consisting of the M6 Sensor Head, the CIB-02 Card, the ENC- 05 Card, DSP-04 Card and the DBG-01 Card will be 9031.90.5500,

Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for measuring or checking instruments, appliances and machines, parts and accessories of other optical instruments and appliances, other than test benches, other. The rate of duty will be 10 percent ad valorem.

The applied machine vision sensors, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

In your letter, you state that some items (components of the sensors) may be imported separately. In order to issue a classification ruling on these items, Sensor Scan Device SPR-02, Photocell Transmitter, Photocell Receiver, Sensor Scan Device, Computer Board, and Circuit Boards we need further clarification. Your request for a classification ruling should include a complete description of each article, explaining what the article is, where and how it is used and exactly how it operates. Are any of these devices integrated circuits? If so, how are they constructed? As an example, does the article consist only of a crystal component encapsulated in a housing or does it consist of other discrete active or active and passive components? If the device consists of discrete active or active and passive components, are the components mounted on a substrate or printed circuit board, made using thin film or thick film process, and can the components be easily removed and replaced under normal manufacturing conditions? Also, are these components used only in the applied vision sensor? Are there any other applications for these components?

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: