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NY D80731




August 13, 1998

CLA-2-90:RR:NC:MM:114 D80731

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Ms Sheila M. Heath
AHP Machine and Tool Co.
1765 West Fair Avenue
P.O. Box 2008
Lancaster, Ohio 43130-6208

RE: The tariff classification of a Dud Detector from Italy

Dear Ms. Heath:

In your letter dated July 30, 1998 you requested a tariff classification ruling.

The Dud Detector, model DD2010, is a non-contact measuring device for detection of concave deformed closure surfaces. It consists of the infrared sensor unit, an air cylinder to eject failed packages and a computer to collect data and provide the measurement results. It is used in food packaging plants to detect the surface curvature of jars in order to indirectly measure the enclosed vacuum inside the sealed jars. This system is used for quality assurance of the products.

The detector emits an infrared beam across the surface of the closure of the sealed package to determine the amount of deflection in the metal surface. The Dud Detector incorporates infrared light filters to protect the receiving sensor against daylight or artificial light near the place of installation.

The measurement method used is one based on near infrared radiation. The electric-optical device works in the 950 nanometer wavelength range, which is beyond visible light.

The applicable subheading for the Dud Detector, will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines; other optical instruments and appliances, other. The rate of duty will be 4.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,

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