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NY F88945




July 7, 2000

LA-2-90:RR:NC:MM:105 F88945

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Raymond Lau
K Line Air Service (USA) Inc.
Airport Industrial Office Park, Bldg. # C5B Hook Creek Blvd. & 145th Avenue
Valley Stream, NY 11581

RE: The tariff classification of metal pipe and wire locators from Japan

Dear Mr. Lau:

In your letter, dated June 20, 2000, for Chori America, Inc., you requested a tariff classification ruling.

No samples were submitted, but the Spot D Tek III and the Verifier Digital Locator are described in two brochures from McLaughlin Boring Systems. The end users of these devices are those engaged in boring and digging operations. They are used before beginning work to acquire the information to enable the boring or digging operation to avoid striking and perhaps severing buried pipes and cables.

You state, “These digital locators are measuring devices used to locate underground utility pipes and cables by the use of a magnetic field generated by the devices. Each locator has a transmitter (that generates the magnetic field) and a receiver (that picks up the magnetic field). By calculating the strength of the magnetic field being received by the receiving unit, the digital locator will calculate the area and depth of the pipe/cable underground.”

Explanatory Note 3 to Harmonized System Heading 8543 states that it includes “Mine detectors based on the change of magnetic flux produced in the apparatus when brought near to a metal object. Similar detectors are used, for example,... for locating buried pipe.”

However, Customs Headquarter Ruling 957026, dated February 7, 1995, ruled that cable/pipe fault finder and locator, similar to your item in its use of magnetic fields to locate the metal cable/pipe and which also provided a depth measurement was classified in HTS 9031, not HTS 8543.

The applicable subheading for these two items will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” measuring or checking instruments, appliances and machines. 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

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