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NY I84285




August 8, 2002

CLA-2-90:RR:NC:N1:105 I84285

CATEGORY: CLASSIFICATION

TARIFF NO.: 9022.90.6000

Mr. Larry Ordet
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, Fl 33126-2022

RE: The tariff classification of a part of an X-ray control panel from France

Dear Mr. Ordet:

In your letter on behalf of General Electric Medical Systems to our General Classification Branch in Washington, dated June 27, 2002, you requested a reconsideration of a CAT tariff classification concerning plastic components. You included a sample of 2143061. The sample sent has 6 metal female screw sleeves to attach it to the whatever and has the symbols and words, such as STOP, kV, and mAs to explain what the buttons underneath and dials do. It is thus integral to its operation, so it is clear that it is not removed in use. In terms of Harmonized System General Explanatory Note III to its Chapter 90, it is seem to be identifiable as a part of an X-ray control panel from the words and symbols, especially the 3 truncated triangles pointing to a circle in its center, which NIS Sheridan believes he saw as a symbol for radiation in the Encyclopedia. Britannica. We used to have on our LAN until 9-11 (not replaced). You describe the sample as a plastic cover for the operator console for a mammography x-ray machine. There is a specific provision in 9022's heading for Control Panels for X-ray machines so if it the full control panel were imported, it would be classified in HTS 9022 regardless of the otherwise possible exclusion from Chapter 90 by its Notes 1-h and 2-a.

In your letter of August 5, 2002, you stated that your June 27 letter (including the sample) be treated as a prospective ruling request.

The applicable subheading for your sample will be 9022.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of apparatus based on the use of X-rays. The rate of duty will be .8 percent ad valorem.

The sample is being returned to you in a separate mailing.

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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