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NY M87800




November 14, 2006

CLA-2-85:RR:NC:N1:110 M87800

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.50.7000; 8537.10.9060; 8537.10.9070

Ms. Carole Authier
Automatic Systems America Inc.
4005, boul. Matte, Local D
Brossard, Quebec, J4Y 2P4 Canada

RE: The tariff classification of pedestrian control access gate components from Belgium.

Dear Ms. Authier:

In your letter dated October 24, 2006 you requested a tariff classification ruling.

The merchandise under consideration is three major components for a pedestrian control access gate. The first component is the E3Z Photoelectric Sensor, Automatic Systems America (ASA) part number 0/7140/233. This photocell is a photoelectric sensor that utilizes a polarized retro-reflective sensing method with PNP technology (semiconductor device with Positive & Negative layers). This sensor uses integrated circuitry and a light-beam generator to project a light-beam that is reflected back to the sensor from a polarized reflector. When an object interferes with the light-beam, the photocell activates contacts within, to close or open an electrical circuit. This device is rated for 24 V (Volts) DC (Direct Current) and 30 mA (milliampere).

The second component is the KEB Combivert F5, ASA part number E/7140/062. This device is a frequency inverter used to control the speed of a motor that opens and closes a gate. The Combivert F5 is available in 3 phase 230 V and 460 V configurations for various size motors. This unit is in a fully enclosed housing with 17 pluggable control terminal connectors and is designed to plug into the pedestrian control access gate. The frequency is preset at the factory according to customer specifications, with optional output frequencies of up to 1600 Hz and adjustable switching frequencies up to 16 kHz. The Combivert F5 frequency inverter does not affect the voltage or current to the motor; it only affects the frequency, which in turn controls the speed of the motor operating the gate.

The third component is the AS 1300 Gate Controller, ASA part number E/7140/150. The Gate Controller is a Programmable Logic Controller (PLC) assembled within a painted steel box. The controller is equipped with two LED (Light Emitting Diode) indicators, an LCD (Liquid Crystal Display) screen, five scroll key logic switches, two DIN sockets, six multi-conductor connectors, one RS232 serial output socket and one RJ45 socket. The Gate Controller receives input from various types of sensors and other system components, processes this information, and controls all gate functions.

The applicable subheading for the E3Z Photoelectric Sensor will be 8536.50.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuitsOther Switches: Other: Electronic AC switches consisting of optically coupled input and output circuitselectronic switchesswitches for a current not exceeding 11 amps.” The general rate of duty will be free.

The applicable subheading for the AS 1300 Gate Controller will be 8537.10.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, Panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” The general rate of duty will be 2.7% ad valorem.

The applicable subheading for the KEB Combivert F5 will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, Panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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