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NY R05007




October 19, 2006

CLA-2-90:RR:E:NC:N1:105 R05007

CATEGORY: CLASSIFICATION

TARIFF NO.: 9017.80.0000

Ms. Mandi M. Milks
Norcross Marine Products, Inc.
6881 Kingspointe Pkway, Suite 8
Orlando, FL 32819

RE: The tariff classification of Sonic-Laser Scales from China

Dear Ms. Milks:

In your letter dated October 3, 2006, you requested a tariff classification ruling. No sample was submitted.

You state: “The Sonic-Laser Scale XP (DS900XP) is a multifunction ultrasonic fish measuring device that doubles as a digital fishing scale. Weighs fish up to 100 lbs. And calculates length from 5-60 inches using laser guided ultrasound. It contains user programmable memory allowing minimum and maximum weight and length for up to 10 species. Also features a stainless steel lip grip to safely and securely hold fish. Each unit weighs 13 ozs”

The DS900SP is the same except it does not have the user programmable memory and the maximum weight is 50 pounds.

The directions state: “Attach the stainless steel lip hook to the fish’s mouth. Hold the fish vertical with the tail slightly touching the solid object (ground, boat, deck, water, etc)”

In other words, the device does not measure the length of the fish directly, but measures the distance it is itself above the ground or other surface, from which a calculation of the length of the fish can be made. The maximum is 60 inches and the minimum is 5 inches.

The laser pointer “shows user where the ultrasound is aimed.” That is apparently to help confirm that the device is being held horizontally and is measuring to the surface that the fish’s tail is touching.

You indicate that a usual method for measuring the length of a fish is by laying it on a measuring board.

The weighing function, by itself, does not provide the essential character to the item.

The applicable subheading for the DS900SP/XP will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” instruments for measuring length for use in the hand. The rate of duty will be 5.3 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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