United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E82907 - NY E82974 > NY E82946

Previous Ruling Next Ruling
NY E82946




June 17, 1999

CLA-2-90:RR:NC:MM:105 E82946

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.89.0000; 9030.90.8860

Mr. Richard Powell
British Consulate-General
845 Third Avenue, 9th Floor
New York, NY 10022

RE: The tariff classification of an EMC testing equipment from the United Kingdom

Dear Mr. Powell:

In your letter, dated June 1, 1999, for La Place Instrumentation Ltd., you requested a tariff classification ruling.

Four flyers, but no samples, were submitted for five models. Also, NIS J. Sheridan received additional information and clarification via his telephone call to La Place on June 15, 1999.

All five models are used in testing for EMC (Electromagnetic Compatibility). All are designed to meet various European Community standards for EMC testing. None of the devices are designed to either send or receive signals representing speech, messages or still pictures.

The Large Loop Antenna is an open metal sphere about 6 feet in diameter which is used only to receive the spurious signals, if any, emitted from luminaires (light fixtures) which are placed in its center. The ERS (Emission Reference Source) emits a precise electromagnetic field which enables the user to recalibrate reception devices so that the test area can approximate a true OATS (Open Area Test Site) as required for accredited EMC testing. Using a High Tension electric spark gap, the pQT generates localized ESD (Electrostatic Discharge) and RF (Radio Frequency) bursts as part of a process confirm that the equipment under test will perform properly if a nearby source emits RF or if the operator gives off the type of electrostatic charge that might be acquired in a dry room with fluffy carpets. The EMC Pre-Selectors are used when unusually strong, broadband electrical noise present in mains (standard AC wiring) would overwhelm the spectrum analyzer being used to evaluate and display that noise. The RF 900 enables the tester to choose narrow frequency bands to send to the spectrum analyzer. The RF 910 does this automatically via software, supplied by La Place, which controls the Pre-Selector and the spectrum analyzer. Note that any dedicated software will be separately classifiable due to Note 6 to Chapter 85 of the HTS, and its value for Customs purposes will be only the value of the medium, not the value of the content. NYRL B86452, 6-19-97, noted.

Customs’ position is that items that provide electrical outputs for electrical testing, e.g., signal generators, are testing equipment in themselves, not accessories to them.

The applicable subheading for pQT and ERS will be 9030.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and apparatus for measuring or checking electrical quantities. The general rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the Antenna and both Pre-selectors will be 9030.90.8860, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” parts and accessories of “other” instruments and apparatus for measuring or checking electrical quantities. The general rate of duty will be 1.7 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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

Previous Ruling Next Ruling

See also: