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NY 809648





May 19, 1995

CLA-2-90:S:N:N3:114 809648

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.80.4040

Mr. Arvind K. Suri
J. F. Moran Co., Inc.
475 Douglas Pike
Smithfield, Rhode Island 02917

RE: The tariff classification of night vision monoculars from Austria

Dear Mr. Suri:

In your letter dated April 25, 1995, on behalf of Swarovski Optik, you requested a tariff classification ruling.

The night vision monoculars are models NC 1, NC 2 and NS-B 4-80. They are electro-optical devices for observing objects at night time and operate at the wavelength range of 450 to 850 nanometers. Models NC 1 and NC 2 have three optional interchangeable objective lenses with magnifications 1, 3 and 0.5-3 power. In addition, other objective lenses can be used with a c-mount connection. Model NS-B 4-80 has a 4 power objective lens. Models NC 1 and NC 2 are threaded for use with tripods. Model NS-B 4-80 is designed to be hand held. Models NC 2 and NS-B 4-80 can be adapted for use with single lens reflex and video cameras.

The applicable subheading for the night vision monoculars will be 9005.80.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments; optical telescopes; other. The rate of duty will be 8 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
New York Seaport

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