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NY G83148




November 8, 2000

CLA-2-90:RR:NC:MM:114 G83148

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Ms. Jen F. Ma
Phoenix Technologies Incorporated
4302 Norfolk St.
Burnaby, BC V5G 4J9
Canada

RE: The tariff classification of a 3D Motion Capture System from Canada

Dear Ms. Ma:

In your letter dated October 3, 2000 you requested a tariff classification ruling.

The Visualeyez 2000 is an optical motion tracking system. It has applications in robotics, automatic control, structural analysis, vibration measurement, reverse engineering, shape reconstruction, and gait analysis. According to the information provided, the Visualeyez is a real time instrument capable of sensing and displaying up to 512 individual data points. The motion capture unit is a measuring instrument with three optical sensors located in the sensing unit. The system consists of the motion capture unit, 32 LED (light emitting diodes) targets, a target control module with power adapter, and a heavy-duty tripod. The unit requires a VZSoft software package, which is Windows NT, based.

The applicable subheading for the 3D Motion Capture System 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; other. The rate of duty will be 3.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the VZSoft software package. Please indicate the carrier medium of the software. Also, indicate the inherent characteristics of the software (i.e. data, instructions, sound, image, interactivity). When this information is available, you may wish to consider resubmission of your request.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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