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NY L86885




September 1, 2005

CLA-2-85:RR:NC:N1:112 L86885

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.10.0045

Karen A. Sousa
APC Senior Import Specialist
P.O. Box 278
West Kingston, RI 02892-0278

RE: The tariff classification of an environmental monitoring system from India

Dear Ms. Sousa,

In your letter dated August 3, 2005, you requested a tariff classification ruling.

The item concerned is the Environmental Management System (AP9320). It is a black, metal console approximately 17” in length X 7 ¼” wide and comes with a lighted alarm beacon, computer hook-up cables, a temperature sensor, a humidity sensor and a vibration sensor.

The purpose of the Environmental Management System is to monitor the temperature and humidity within an enclosed space, commonly a computer room, and issue alerts via eMail and alarm beacon if desired levels are exceeded. Additional sensors for smoke, motion, leaks and other conditions are available.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. HTS heading 8531 provides for “Electric ... visual signaling apparatus ... “.

General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the Environmental Management System (AP9320) will be 8531.10.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric ... visual signaling apparatus ... : ... similar apparatus: Other: Other. The 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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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