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NY R03882




May 11, 2006

CLA-2-85: RR: NC: 1:108 R03882

CATEGORY: CLASSIFICATION

TARIFF NO.: 8526.91.0040

Mr. Andrew Rogers
Orion Electronics Limited
90 Sanford Drive
Windsor, Nova Scotia B0N 2T0

RE: The tariff classification of a GPS device from Canada.

Dear Mr. Rogers:

In your letter dated May 4, 2006 you requested a tariff classification ruling.

The item in question is a GPS device denoted as the GA58 Hawk. It is comprised of the Hawk device and a download box. It serves as a GPS location device that has data logger and memory capability.

The Hawk employs an RF line-of-sight RF exfiltration path and a GPS beacon capability. The two devices work in concert with each other to provide tracking, positioning information as well as storage of the information. The GPS Hawk device has two main functions. The first is to locate where it is on the surface of the earth using its GPS receiver. Once received it is stored to the internal memory. The second function is to transmit the stored data and settings over an RF link to the download box. The download box enables the user to upload the positioning information to a PC. It can also function as a remote testing unit, a computer interface unit, download data and can listen for GPS beacons form the remotely located Hawk device.

Legal Note IV to section XVI provides “where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings of chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function”.

In the opinion of this office, the GA58Hawk conforms to Legal Note 4, Section XVI of the Harmonized Tariff Schedule of the United States and is a functional unit. Therefore classification will be in accordance with the aforementioned legal note.

The applicable subheading for the GA58Hawk GPS unit will be 8526.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: radio navigational aid apparatus Other. The rate of duty will be free.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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