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NY J80564

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February 28, 2003

CLA-2-85:RR:NC:1:112 J80564

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9060; 8524.39.4000

Ms. Shelley Vybiral
Snap-tite, Inc.
8325 Hessinger Drive
Erie, PA 16509

RE: The tariff classification of a control tower and software. The country of origin is not stated.

Dear Ms Vybiral:

In your letter dated January 28, 2003 you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the control tower is a programmable device that is designed to control various functions associated with pressure vessels and reactors. A tower can be configured to accommodate one or many process variables. The control tower is driven by “TowerView” software that is designed specifically for this purpose.

The applicable subheading for the control tower will be 8537.10.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other boards, panels, , and other bases, , for electric control or the distribution of electricity, : For a voltage not exceeding 1,000 V. The general rate of duty will be 2.7 percent ad valorem. The applicable subheading for the “TowerView” software will be 8524.39.4000, HTS, which provides for discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The general 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 8524.39.40 - Recorded discs for laser system, instructions, data, sound & image, in binary, manipulate & interactive, by ADP machine; propietary media
• Tariff No.: 8537.10.90 - Boards, panels, consoles, desks, cabinets, etc., equipped with apparatus for electric control, for a voltage not exceeding 1,000, nesi