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NY I86744




October 24, 2002

CLA-2-90:RR:NC:MM:114 I86744

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9013.80.9000, 8479.89.9897

Mr. William W. Wessel
Turner Construction Company
364Third Street, Building D
Cambridge, MA 02142

RE: The tariff classification of light enhancement systems from Germany

Dear Mr. Wessel:

In your letter dated September 23, 2002 you requested a tariff classification ruling.

The Heliostat and Redirection Mirror System (Heliostat System) is a solar daylight system for use in a building. It is referred to as the Lightron BO 1600. The Heliostat System consists of heliostats, redirectional mirrors with all the hardware required to mount them to the steel structure, and the control unit for the heliostat system including solar tracking software. The Heliostat System is a method in which precision-instrumentation devices track illuminator mirrors onto fixed mirrors to direct the sun’s rays to a fixed location in a desired area, regardless of the changing position of the sun during daylight hours. The Heliostat System produces more light and less heat than is possible with artificial lighting systems. The heliostats are composed of reflector material which is designed to reflect the incoming sunlight to the fixed redirectional mirrors.

The Sun Shading Prism System is referred to as the Prismalite. It consists of movable prismatic panels, also called prismatic louvers, to provide a translucent sun shield that reflects direct sunlight in order to obtain the light from the sun without the heat from the sun. The sun shielding and daylight guidance system is made up of light-transmissive panels with a prismatic structure. The prisms are made of highly transparent PMMA Plexiglas 8N material with a prism angle of 45 degrees. The Prismalite sun shielding and daylight guidance system makes it possible for rooms inside a building to be illuminated optimally using daylight. The system consists of prismatic plates, prismatic holding devices, louver shafts, bearings, linear rotary current motors, and an electronic control system with software.

The Aluminum Sun Shading Blind System utilizes external motor-operated window blinds to control the amount of sunlight which will enter a building. The system will basically consist of several hundred slatted window blinds of various sizes, each utilizing one or two motors to raise or lower the entire blind and adjust the angle of the aluminum slats. In addition, the system will incorporate various sunlight and weather sensors, electrical actuators, motor controllers, power supplies, and software for automated system operation. The sunlight sensors will allow the window blinds to be individually controlled so that, depending on the position of the sun, the angle of the lower slats is automatically adjusted to minimize solar heat and glare. At the same time the upper slats are angled to deflect sunlight through the window and into the building so as to reduce the amount of artificial lighting required and thus save on electrical energy usage. The other sensors will monitor wind, rain, ice and other weather parameters. Should these reach levels which could damage the blinds, the blinds will be automatically raised or closed.

The applicable subheading for the Heliostat and Redirection Mirror System (Lightron BO 1600) and the Sun Shading Prism System (Prismalite Prismatic Louver System) will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances or devices. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the Aluminum Sun Shading System will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

We are unable to issue a classification ruling at this time on the software included with the Heliostat System, the Prismatic System and the Aluminum Sun Shading Systems. In order to classify the software. additional information is needed. What type of media is the software on (e.g., floppy disc, CD, etc.)? What are the inherent characteristics of the software program (data, instructions, sound, image, interactivity)? When this information is available, you may wish to resubmit your request for a classification ruling on the software.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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