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NY R00133




March 17, 2004
CLA-2-84:RR:NC:1:103 R00133

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Rudor M. Teich
Designated Parking Corp.
10 Ridge Road
West Orange, NJ 07052

RE: The tariff classification of remote controlled barrier from China

Dear Mr. Teich:

In your letter dated February 19, 2004 you requested a tariff classification ruling.

The MySpot™ 200 is an automatic remote controlled barrier designed for controlling access to and from a single parking space, driveway or access ramp. It is mounted on the surface of the designated area using bolts or highway-grade epoxy adhesive. No digging is required. An electronic receiver accepts commands from a hand held transmitter. The self-powered unit incorporates a spring motor which stores energy absorbed from the weight of the automobile as it is driven over the barrier. The energy storage system and the electronics that manage it are sealed in the “PowerPod” housing. A second housing, i.e., the “IdlePod”, without active components, is mounted on the other end of the barrier acting as a bearing. The barrier comes in a standard length of 48” (120 cm), stands 15” (38 cm) tall when raised and weighs 45 lbs/20 Kg.

The MySpot™ 200 is initially locked in a vertical position to prevent unauthorized access. A signal from the hand held transmitter in the approaching car causes the barrier to lower and come to rest in a horizontal position. After the car is driven over the horizontal barrier and parked in its authorized spot, the barrier can be raised again through the use of the hand held transmitter. The same process is used when leaving the authorized spot.

The applicable subheading for the MySpot™ 200 remote controlled barrier 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.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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