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NY N010166




May 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Joel K. Simon
Serko Simon Gluck & Kane LLP
1700 Broadway, Suite 3100
New York, NY 10019

RE: The tariff classification of a Scan500 from Canada

Dear Mr. Simon:

In your letter dated April 19, 2007 for Autolog, Inc., you requested a tariff classification ruling. No sample was provided.

You state, “The objective of the SCAN500 is to compute the length and width of a piece of wood up to 21 feet long. The device operates as a scanner composed of a series of emitters facing a series of receptors. Each emitter is composed of 32 LEDs that are ‘read’ by the corresponding receptor. A standard external encoder is utilized to measure the distance traveled by the piece of wood between the emitter and the receptor. The device sends the number of encoder pulses blocked for each section of emitter/receptor combination to an external control computer. Having the number of pulses blocked, the computer calculates the width and the length of the wood being measured.”

You believe that the Scan500 is not “optical” under Chapter 90, Additional U.S. Note 3.

It is not at all clear to us that the rulings you cite are controlling.

However, we have noted that Harmonized System Explanatory Notes I-A-23 and 24 to Chapter 90, concerning items which use the blocking of photoelectric cells as the primary means of measuring the surface area of irregular surfaces and thread width, are not in the Optical part of the EN, i.e., I-B. We consider your item’s method of measurement to be analogous so we do not consider it to be an Optical Instrument or Appliance of HTSUS 9031.41-.49.

The Scan500 is clearly not for use in the hand so HTSUS 9017 does not apply.

Therefore, we agree that the applicable subheading for the Scan500 will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. 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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