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NY R04607




September 7, 2006

CLA-2-90:RR:E:NC:MM:114 R04607

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Ms. Cyndi Eileen Gibbs
Managing Partner
Gibbs Group, LLC
779 Shasta Street
Yuba City, CA 95991

RE: The tariff classification of laser level made in China

Dear Ms. Gibbs:

In your letter dated August 11, 2006, you requested a tariff classification ruling on a laser level made in China. Descriptive literature and a copy of a photo of the laser level were submitted with the ruling request.

The item for which you are requesting a ruling is identified as the RedLINE laser level. The RedLINE is made of impact resistant plastic with rubber shock coating and projects a beam up to 50 feet for leveling purposes. The laser level features a magnetic aluminum base that has been milled for accuracy and a beam that rotates from 0 degrees to 90 degrees. The RedLINE requires two AA batteries to operate; the batteries will be included.

You have proposed classification for the RedLINE laser level under subheading 9017.20.50, Harmonized Tariff Schedule of the United States (HTSUS). However, the RedLINE is not classifiable in subheading 9017.50.20 because the laser level is not a pattern generating apparatus designed to produce masks and reticles from photoresist coated substrates.

The applicable subheading for the RedLINE laser level will be 9031.49.9000, HTSUS, which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter: other optical instruments and appliances: other: other. The rate of duty will be 3.5 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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