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HQ 963299




June 14, 2001

CLA-2 RR:CR:GC 963299 TPB

CATEGORY: CLASSIFICATION

TARIFF NO.: 9015.10.4000

Port Director
1624 East Seventh Ave
Suite 101
Tampa, FL 33605

RE: Protest 1801-99-100046; Riegl USA, Inc.; LMS-Z210 3D Imaging Sensor.

Dear Port Director:

This is our decision on Protest 1801-99-100046, filed by Riegl USA, Inc., (“Protestant”), against your classification under the Harmonized Tariff Schedule of the United States (HTSUS), of a laser 3D Imaging Sensor. On April 30, 1999, the entries were liquidated under subheading 9031.49.9000, HTSUS, as measuring or checking instrumentsnot specified elsewhere in chapter 90, HTSUS. This protest was timely filed on July 6, 1999.

The Riegl LMS-Z210 3D Imaging Sensor is described as a fully portable sensor designed for the acquisition of three-dimensional images. A rotating mirror directs the internal laser rangefinder’s transmit beam over a precise angular pattern. The measurements comprise an accurate three-dimensional representation of the scene.

Protestant contends that the entries are properly classified under subheading 9015.10.4000, HTSUS, as an electrical rangefinder, or under subheading 9015.20.4000, HTSUS, as an electrical theodolite.

Based on additional information provided by the protestant, both the Regional and National Import Specialist are in agreement with the protestants position that the Riegl LMS-Z210 is properly classified under subheading 9015.10.4000, HTSUS, as “Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological, or geophysical instruments and appliances, excluding compasses; rangefinders; parts and accessories thereof: Rangefinders: Electrical.”

The protest should be GRANTED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division

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