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NY R03116




February 15, 2006

CLA-2-90:RR:NC:N1:105 R03116

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.41.8000, 9031.80.8085

Mr. Dennis D. Heck
Yamaha Corp. of America
6600 Orangethorpe Ave.
Buena Park, CA 90620

RE: The tariff classification of a 30CT and SST from France

Dear Mr. Heck:

In your letter dated January 17, 2006, you requested a tariff classification ruling. No sample was submitted.

The items are elements of the GeoSight system used in the placement of very large speakers. We take it that you are asking for their classification when imported separately.

You describe the SST as an electronic inclinometer which contains no laser; the LST as the same, but with a laser; the LMT as a laser module; the MMT as an LCD readout meter; and the 30CT as a cable with connectors.

Regarding the SST, clinometers are an example in Harmonized System Explanatory Note I-A-11 to 90.31.

We agree that the applicable subheading for the SST will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other,” non-“optical” Measuring or checking instruments, appliances, and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.

We agree that the applicable subheading for the 30CT will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” electrical conductors, for a voltage not exceeding 80V, fitted with connectors. The rate of duty will be 2.6 percent 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/.

Regarding the LST, LMT, and MMT, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

Regarding the LST and LMT, does either of them contain any optical elements? Particularly regarding the LST, are those elements, if any, for more than a subsidiary purpose, noting Additional US Note 3 to HTS Chapter 90?

Regarding the MMT, your attachment states that the “Meter Unit” has a “two button menu driven interface.” Explain the menu and its interface function.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

If you have any questions regarding the definition of optical elements, contact National Import Specialist B. Kiefer at 646-733-3019. If you have any other questions, contact National Import Specialist J. Sheridan at 646-733-3012.

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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