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NY L84955




June 3, 2005

CLA-2-90:RR:NC:MM: 114 L84955

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Ms. Jane Johnson
Scarbrough International, Ltd.
10841 Ambassador Drive
Kansas City, MO 64153

RE: The tariff classification of the Bushnell NightHawk made in China

Dear Ms. Johnson:

In your letter dated May 9, 2005, on behalf of Bushnell Corporation, you requested a tariff classification ruling on the Bushnell NightHawk made in China. A sample of the Bushnell NightHawk was submitted with the ruling request.

The Bushnell NightHawk for which you are requesting a classification ruling is identified as model number 26-0900. You have indicated in your letter that the item is a compact hand held night vision digital viewing system that uses charge coupled device (CCD) technology to provide images in daylight and darkness. The NightHawk has infrared diodes for illumination of objects in complete darkness. The images are displayed on a multi-user liquid crystal display (LCD) viewing screen. The viewer collects existing light through the objective lens, which is then processed through a highly sensitive CCD and then transferred to the LCD. The LCD screen provides 2x magnification. The NightHawk features a swivel lens for easy viewing, LCD and infrared diode brightness controls, a built-in rechargeable battery and an AC/DC power port. The instruction manual indicates that the item is ideal for wildlife observation, camping, hiking and surveillance. The Bushnell NightHawk is packed in a cardboard box ready for retail sale.

The night vision viewing system does not capture images. The user can only view the images that he is seeing at the time. The Bushnell NightHawk does not have any storage capacity. The device does not store or reproduce moving images.

The applicable subheading for the Bushnell NightHawk will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical devices, appliances and instruments; other. The rate of duty will be 4.5 percent ad valorem.

Your sample is 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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