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NY L81480





January 10, 2005

CLA-2-90:RR:NC:MM:114 L81480

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9027.50.4015; 9027.90.5450

Mr. Brian Johnson
KeyTronicEMS Corporation
P.O. Box 14687
Spokane, WA 99214-0687

RE: The tariff classification of Printed Circuit Board Assemblies and Housings for Pregnancy Testers from Mexico

Dear Mr. Johnson:

In your letter undated letter received on December 15, 2004, you requested a tariff classification ruling.

Two samples were furnished with your request for a ruling. One sample is a printed circuit board assembly (PCBA) with a liquid crystal display. The other sample is a four piece molded plastic housing. These components will be used in the manufacture of pregnancy testers. You indicate that the PCBA with display and the plastic housing components are produced by KeyTronic and imported into the United States. Keytronic’s customer will install an antibody strip at their facility in California, and do the final assembly and packaging of the tester.

You state that the PCBA with display and the housing may be imported together in the same shipment, or they may be imported separately. When imported in the same shipment, the PCBA with display and the housing will not be assembled together. The PCBA will always be imported individually packed in anti-static bags.

The complete pregnancy tester operates by means of measuring light reflected by the antibody strip. The light is generated by a green LED with a wavelength of 571 nanometers. The photodiodes are used to detect the reflected light from the chemical strip. The photodiodes are connected to an optical amplifier which amplifies the signal to a voltage range that is readable by a microprocessor. The microprocessor compares the voltages from each photodiode before and after the test to determine if the strip indicates a pregnancy after the test. There are no optical elements such as lenses, prisms, mirrors, etc., in the tester.

The applicable subheading for the PCBA with LCD display imported in the same shipment and in equal numbers with the plastic housing will be 9027.50.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis instruments and apparatus for measuring or checking quantities of heat, sound or, light... other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): electrical, chemical analysis instruments and apparatus. The rate of duty will be free.

The applicable subheading for the PCBA with LCD display when imported separately will be 9027.50.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis instruments and apparatus for measuring or checking quantities of heat, sound or, light... other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): electrical, chemical analysis instruments and apparatus. The rate of duty will be free.

The applicable subheading for the plastic housing when imported separately will be 9027.90.5450, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of electrical instruments and apparatus, other, of articles of subheading 9027.50.40. The rate of duty will be free.

The samples of the PCBA with display and the plastic housing are being returned as requested.

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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