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NY R03559




April 12, 2006

CLA-2-90:RR:NC:N1:105 R03559

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.83.0000

Mr. Stephen R. Handy
Agilent Technologies, Inc.
395 Page Mill Road
Palo Alto, CA 94303

RE: The tariff classification of Oscilloscopes from Malaysia and the United Kingdom

Dear Mr. Handy:

In your letter dated March 28, 2006, you requested a tariff classification ruling. No sample was submitted.

You request concerns the Agilent “Infiniium 80000 Series” Oscilloscopes. From the Agilent internet site, we take that to mean the Agilent DS/MS 08064A and DS/MS 08104A.

You propose classification under HTS 8471.49.

However, the goods were found to have the principal use of instruments and apparatus for measuring or checking. It is a high-end measurement system. It is excluded from classification in 8471 by Note 5(E) performing a function other than ADP. Also, it is not comparable with the class or kind of ADP machine such as the Gateway 610 media center PC as referenced in the request.

Also, Oscilloscopes are provided for “eo nomine” in the Heading to HTS 9030, and Note 1-m to Section 16 of the HTS excludes the articles of Chapter 90.

In alternative, within HTS 9030, you propose classification in HTS 9030.40, as Other instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers.)

We agree that your item is not classifiable HTS 9030.20 as a Cathode-ray oscilloscope since, although the display is functionally similar to a CRT, it is, in fact, a different technology.

However, per the Agilent site, the summary, first page of the Data Sheet for the Infinium 8000 Series Oscilloscopes does not even mention telecommunications and, in fact, it is clear that these oscilloscopes are designed for use as “a high-definition display system”

Per the Agilent internet site, with the appropriate additional software, probes, etc., these oscilloscopes would be used in conjunction with a wide range of digital and analog electrical signal testing. For example, a very common use appears to be in the testing of USB interfaces and links, which is not a telecommunications application. In any case, the oscilloscopes, per se, are not specially designed for telecommunications.

Finally, we note that these oscilloscopes are far removed from any of the several statutory examples in HTS 9030.40 and from the even more numerous examples in the “telecommunications” section of Harmonized System Explanatory Note B to HS 9030.

Per the Agilent site, these oscilloscopes include “Next-generation MegaZoom Deep Memory.”

The applicable subheading for the Agilent DS/MS 08064A and DS/MS 08104A, will be 9030.83.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, “other” oscilloscopes, with a recording device. The rate of duty will be 1.7 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/.

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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