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NY H85964




January 7, 2002

CLA-2-90:RR:NC:N1:105 H85964

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.95

Bryan True, Consultant
Livingston International Consulting Group 6700 Cote de Liesse, Suite 202
St. Laurent, Quebec H4T 1E3

RE: The tariff classification of digital acquisition devices and photic stimulators exported from Canada

Dear Mr. True:

In your letter dated December 3, 2001 for Stellate Systems Inc., you requested a tariff classification ruling. No samples were submitted.

These items were originally included in your June 28, 2001 letter to us, which lead to NYRL H82972, dated July 27,2001, which also stated the further information need for the classification of these two items.

The DAD can be distinguished from other measurement amplifiers in that it is pre-configured at the factory to the specific requirements of the EEG end user and in that it has a very high level of electrical isolation to achieve patient safety.

The photic stimulator “produces precise, repetitive, short duration pulses of light with adjustable intensity.” Although Note 1-ij to HTS Chapter 90 excludes the lamps and lighting fittings including searchlights and spotlights of HTS 9405, HTS heading 9029 includes Stroboscopes by name, implying that precision flashing lights for technical purposes in general are not excluded from the Chapter. While the imports have many similarities to Stroboscopes, their very different purpose, i.e., to attempt to produce, via vision, various anomalies in the patient’s brainwaves and thus in the EEG readings, results in features which distinguish them from Stroboscopes, which attempt to “freeze” motion, especially rotations.

We agree that the applicable subheading for both items will be 9018.19.95, Harmonized Tariff Schedule of the United States (HTS), which provides for electroencephalographs (EEG) and parts and accessories thereof. The rate of duty will be free.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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