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NY N010484




May 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. William Alexander Nichols
America’s Cargo Logistics LLC
3800 Hampton Road
Oceanside, NY 11572

RE: The tariff classification of a Model # ATT 3 from Russia

Dear Mr. Nichols:

In your letter dated April 26, 2007 on behalf of the National Aeronautics and Space Administration, you requested a tariff classification ruling. No sample was provided.

You state: “We received from USCBP an advisory of the HTS of 9031.80.8085 – for an automated airfield pavement surface adhesion measuring device. Weight 2000 lbs, made in Russia. Model # ATT 3 being imported temporarily in the USA for evaluation to NASA GSFC Wallops Flight Facility, Wallops Island, VA. Mfg. web site http//sozvezdie.biz/en/predpr/NPL/PROD/akkvpp/”

We assume that you will not choose to enter this item in one of the provisions for items temporarily imported free under bond.

Per sozvezdie.biz/en/projects/ivkvpp.php, the ATT-3 provides “high accuracy measurements of cohesive coefficient.” It is a wheeled cart pulled by a van down an airport runway. It measures cohesive coefficients in a range of 0 to 0.8 and with an accuracy of .005.

The applicable subheading for the ATT-3 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 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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