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NY R04521




August 15, 2006

CLA-2-85:RR:E:NC:MM:109 R04521

CATEGORY: CLASSIFICATION

TARIFF NO.: 8505.11.0000

Mr. Mark Steven Sipe
Prime Industrial Design
4691 S. Palacio Way
Gold Canyon, AZ 85218

RE: The tariff classification of Xspot magnetic products from China

Dear Mr. Sipe:

In your letter dated July 31, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is four different Xspot magnetic products. They are identified in your letter as the Xspot, Xspot-mini, Xcentric, and the Xtreme Locator. Each of these four products consists of a metal magnet within a plastic housing.

The Xspot magnetic products assist electricians, cable TV, phone, security and low voltage wiring installers place a device on the framing of a house or building and find a specific location, within a ¼ of an inch, after the walls and ceilings have been covered. Once found, the installer can cut a hole, pull out the Xspot magnetic device and install a speaker, cable, phone jack, etc.

The Xspot is a reusable wire locating device to which installers can firmly anchor their wiring, during pre-wire, at any termination point inside a wall or ceiling. This magnetic device prevents other tradesmen from damaging or relocating wires left vulnerable at pre-wire. After the sheetrock has been hung, Xspot enables the installer to locate pre-wire termination points, within a ¼ of an inch, and cut a 2-inch hole in the sheetrock to accommodate the installation of phone, cable jack, volume control, keypad or speaker. The Xspot can then be removed through the installation access hole and reused again.

The Xspot-mini functions identically to the standard Xspot, but was designed to be a wire locator for the security industry’s use of small gauge wire. This magnetic device can be extracted through a 1-inch hole in the sheetrock, rather than the 2-inch hole required for the Xspot.

The Xcentric is the locating tool that uses magnetic fields to align itself precisely with Xspot or Xspot-mini through the sheetrock or paneling. Four holes in this magnetic device enable installers to mark the sheetrock, draw an “X”, based on the 4 hole markings, and create a centered drill point for the Xspot hole saw bit. The resulting access hole reveals the Xspot, which has safely secured the wiring behind the wallboard.

The Xtreme Locator has been designed to detect Xspot or Xspot-mini through increased density or distance in wall materials, up to 1-inch thick, such as stucco, wood paneling, or shear wall. This magnetic device uses an ultra-high strength magnetic field, enabling the installer to scan large areas of wallboard and feel for the Xspot devices on the other side. Once located, the installer can then switch to using the Xcentric in order to mark the four points on the wallboard as needed.

The applicable subheading for the Xspot, Xspot-mini, Xcentric, and the Xtreme Locator will be 8505.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Permanent magnets: Of metal. The rate of duty will be 2.1 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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