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NY 892372




December 9, 1993

CLA-2-90:S:N:N3:114 892372

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.6000

Ms. Sherry Poplarchik
UPS Customhouse Brokerage
6200 Lockheed Avenue
Anchorage, Alaska 99502

RE: The tariff classification of Laser Diode Modules from Japan

Dear Ms. Poplarchik::

In your letter dated November 11, 1993, on behalf of Optima Precision Inc. of West Linn, Oregon, you requested a tariff classification ruling.
The laser diode module contains a laser diode and a focusing lens or collimating lens. The module is used to provide a coherent laser light source. In Headquarters letter 955114 dated October 19, 1993, this item was classified under subheading 9013.80.6000, HTS, which covers other optical instruments and appliances, dutiable at 9 percent ad valorem. The laser diode module meets the requirements of Additional U. S. Note 3 to Chapter 90 of the Harmonized Tariff Schedule of the United States which states: "For the purposes of this chapter, the terms "optical appliances" and "optical instruments" refer only to those appliances and instruments which incorporate one or more optical elements, but do not include any appliances or instruments in which the incorporated optical element or elements are solely for viewing a scale or for some other subsidiary purpose." The focusing lens is essential to the operation of the laser diode module and is not used for a subsidiary purpose.

The applicable subheading for the laser diode module will be 9013.80.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances. The rate of duty will be 9 percent 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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