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NY K87965




August 19, 2004
CLA-2-90:RR:NC:N1:105 K87965

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.89.0000

Ms. Francine Marcoux
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of Microwave Leakage Detector #27240 from China

Dear Ms. Marcoux:

In your letter dated July 19, 2004, you requested a tariff classification ruling. No sample was submitted.

The Hampton Direct flyer you attached states:

“Microwave Leakage Detector

Check radiation levels in your microwave oven & cook with confidence! Easy to use - place cup of water or food in microwave, cook on ‘High’ for 1 minute and then move the detector slowly over the edges of the door and the front of the glass! Gauge, with ‘Safety’ & ‘Danger’ zones, displays immediate results! Simple and cost efficient warning device
Measures approximately 2”1 x 1 3/8”W x ¾”h No batteries required
CE approved”

The dial moves from left to right proportional to the level of microwave leakage encountered at the location. The device does not have an alarm.

We note that microwaves are not an ionizing radiation and that “electrical” for the purposes of HTS 9030 includes radio frequency emissions, noting Harmonized System Explanatory Note B VII to 9030.

The applicable subheading for your item will be 9030.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and apparatus for measuring or checking electrical quantities. The rate of duty will be 1.7 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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