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NY L88833




December 12, 2005

CLA-2-90:RR:NC:N1:105 L88833

CATEGORY: CLASSIFICATION

TARIFF NO.: 9014.20.8080

Mr. Carl L. Dworman
158 4th Avenue
Bay Shore, NY 11706

RE: The tariff classification of an ATIS Wheel, Airplane Pilot Aid from China

Dear Mr. Dwoman:

In your letter dated November 9, 2005, you requested a tariff classification ruling. A sample was submitted.

You state: “The ATIS Wheel is a mechanical device designed to help the airplane pilot in recording all ATIS information while presenting the data as a graphic depiction. The ATIS Wheel is presented on a 4”x7” rectangular durable format with seven individual 1.5” wheels positioned about the perimeter of the device along with two, 3” concentric wheels positioned in the center. Each wheel’s topic coincides with the sequential information reported in the airport terminal area’s ATIS broadcast.

Once the information is entered onto the ATIS Wheel, this displayed information is now available to the pilot for continued reference without the possibility of transcription error or forgetting the pertinent ATIS data.”

We note that the information displayed, through openings in the card for the most part, is the information received from ATIS, the Airport Traffic Information System, plus the Field Elevation information previously acquired by the pilot.

The information could be used to alter the pilot’s planned course in that, for example, it displays the wind speed and, graphically, the angle of the wind relative to the aircraft when it is parallel to the runway. It could also be used to change the pilot’s perception of the plane’s position in that, for example, the displayed barometric pressure at the field could cause the pilot to recalibrate the plane’s altimeter and the pilot’s mental comparison of the displayed Field Elevation and the plane’s altimeter reading would indicate the plane’s height above the field.

The item does not perform mathematical calculations.

On December 5, 2005 in a telephone conversation with Ms. J. Wilson, you indicated the country of origin for the ATIS Wheel is China. Noting in particular Customs Regulation 134.46, your sample should be prohibited entry as Not Legally Marked. “In any case in which the words ‘United States,’ or ‘American,’ the letters ‘U.S.A.,’ any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to least a comparable size, the name of ‘Made in,’ ‘Product of,’ or other words of similar meaning.” Your sample has two references to Newport, RI and no references to its origin in China.

The applicable subheading for the ATIS Wheel will be 9014.20.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Instruments and appliances for aeronautical or space navigation. 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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