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NY H88528




March 7, 2002

CLA-2-90:RR:NC:N1:105 H88528

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085; 9022.90.0500

Ms. Patricia Coston Dzierzanowski
John P. Coston & Company, Inc.
70 N.E. Loop 410, Suite 185
San Antonio, Texas 78216

RE: The tariff classification of ultrasonic flaw detectors and X-ray generators from the United Kingdom and Belgium

Dear Ms. Dzierzanowski:

In your letter dated January 29, 2002, for Sonatest, Inc., you requested a tariff classification ruling. No samples were submitted.

The Sitescan 120 Ultrasonic Flaw Detector scans materials for flaws by emitting ultrasounds and receiving and interpreting the echoes. It displays the result in graphic form on an Electroluminescent Display. A similar item is described in Explanatory Note I-A-27 to Harmonized System Heading 9031.

The Balteau NDT, Baltospot, Ceram 35 and 235, directional, portable, x-ray generators are used for on-site, non-medical testing. The tube types are metal ceramic, the beam angles are 40 degrees, and the anodes are air-cooled. You propose classification in HTS 9022.19. However, it has no imaging ability per se. EN III-B to HS heading 9022 describes a somewhat similar item.

Since both imports, in operation, will emit, or in the absence of effective shielding would emit, an ionizing electromagnetic radiation or ultrasounds, both are considered an "Electronic Product". See 21 CFR (the Food and Drug Administration Regulations), Chapter 1, Subchapter J (Radiological Health), Part 1000 (General). Per Custom Regulation 12.91-b, you must file with Customs at the port of entry of any shipments of this import two copies of a declaration, verified by the importer of record, on FDA Form FD 2877, concerning the import`s compliance with the FDA requirements. If you need further information concerning the FD 2877 or the FDA requirements, we suggest you contact the FDA, Center for Devices and Radiological Health, 9200 Corporate Boulevard, Rockville, MD 20850. As of August of 1998, its Division of Small Manufacturers Assistance can be telephoned at 301-443-6597.

We agree that the applicable subheading for the Ultrasonic Flaw Detector 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 rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the Balteau NDT Ceram 35 and 235 will be 9022.90.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for radiation generation units for x, alpha, beta, and gamma rays. The rate of duty will be .8 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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