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NY 890469




October 07, 1993

CLA-2-90:S:N:N1:104 890469

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.39.0040

Mr. Stephen J. Leahy
Leahy & Ward
63 Commercial Wharf
Boston, Massachusetts 02110

RE: The tariff classification of electronic testing system for a footwarmer from Austria.

Dear Mr. Leahy:

In your letter dated September 3, 1993 on behalf of Hotronic USA Inc. of Burlington, Vermont you requested a tariff classification ruling.

An examination of the sample provided indicates that the testing "system" is a single unit with a short ribbon cable (approx. 2 1/2") extending from the bottom. There are four red lights on the front arranged in a vertical row with a description of the function to the right of each light, reading from top to bottom, "element charger", "setting", "battery" and "system check". The tester is used to verify that the electronic components of the Hotronic footwarmer are operating correctly. Those components include a battery pack, a heating element, a heating sensor, wires and other components. The component is plugged into the tester or the tester is plugged into the component. The appropriate light will go on if that component is functioning properly. The "setting" indicator light has four levels of brightness.

The applicable subheading for the electronic testing system will be 9030.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments or apparatus, for measuring or checking voltage, current or resistance ... without a recording device. The rate of duty will be 4.9 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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