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NY 891623




November 17, 1993

CLA-2-90:S:N:N1:104 891623

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.0080

Mr. Leon J. Woznow
CSC Profilair
1262 Eastview Road
North Vancouver, B.C.
Canada V7J 1L6

RE: The tariff classification of a runway and highway pavement roughness monitor from Canada.

Dear Mr. Woznow:

In your letter dated October 15, 1993 you requested a tariff classification ruling.

The CSC Profilair records elevation and distance (profile) data at precise one foot intervals as it is pulled by hand or by golfcart (at a walking speed - maximum 3 mph) across the pavement surface. An inclinometer reads the surface slope angle from the previous data point while the optical encoder reads the distance travelled. Collected data is then stored on a 3 1/2" micro floppy disk, with the on-board computer. This data can be output in profile and numerical format on any lap-top computer at the site or on any remote IBM compatible. The Profilair has its own power source in the form of a gel-cell rechargeable battery and moves on three wheels.

The applicable subheading for the CSC Profilair will be 9031.80.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheading 9031.80.0080, HTS, which have originated in the territory of Canada, will be entitled to a 2.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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