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NY E82950




June 16, 1999

CLA-2-90:RR:NC:MM:105 E82950

CATEGORY: CLASSIFICATION

TARIFF NO.: 9028.90.00

Mr. Philip J. Masters
Datamatic, Inc.
715 North Glenville Drive, Suite 450
Richardson, TX 75081

RE: The tariff classification Automated Meter Reading Modules from South Korea

Dear Mr. Masters:

In your letters, dated April 16 and May 20, 1999, you requested a tariff classification ruling.

The devices will be attached to existing, operational gas, water, and electricity meters. There are minor differences between the ones designed for different types of meters, but those differences do not affect their HTS classification at the eight digit level.

An infrared LED will shine onto the meter face (gas and water meters) or disc (electric meter), and the reflected IR will be read to count each revolution by sensing the passage of the dial or a black decal on the disc. The device will keep track of the count and periodically transmit it (together with the meter’s identification number) to a neighborhood receiver (not part of the import) via a 1 milliwatt RF burst.

In this way, it will not be necessary for a utility worker to gain access to the meter to read it for monthly billing, etc.

Following the principals of Headquarters Ruling Letter 961367, March 20, 1998, they are classifiable neither as revolution counter telemetry systems nor transmission apparatus.

The applicable subheading for these items will be 9028.90.00, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of gas, liquid or electricity supply or production meters. The general rate of duty will be 3.2 percent ad valorem.

This product may be subject to the regulations of the Federal Communications Commission (FCC). Specifically, certain radio frequency generating devices are subject to FCC registration or approval and require filing FCC Form 740 at time of entry. For further information you may contact your local FCC field office.

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

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