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NY N016402




September 11, 2007

CLA-2-90: RR: NC: 1:114

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.20.0000

Mr. Donald S. Stein
Greenberg Traurig, LLP
800 Connecticut Avenue, NW
Suite 500
Washington, DC 20006

RE: The tariff classification of laser component of animal imaging system from Italy.

Dear Mr. Stein:

In your letter dated August 23, 2007, on behalf of Seno Medical Instruments, Inc., you requested a tariff classification ruling.

You state that the laser component is specifically designed for use with the Seno animal imaging system. At time of importation, the laser component does not contain the necessary electronics to operate. The laser component is considered to be an incomplete laser for tariff classification purposes. You proposed classification under HTS Subheading 9018.90.80, as a part or accessory of “other” instruments and appliances used in medical, surgical, dental or veterinary sciences.

Since the item itself is classified in a heading of chapter 90 (9013), it is excluded from 9018 by Note 2(a) of chapter 90. Heading 9013, HTSUS, provides for lasers, other than laser diodes. EN 90.13, states that “lasers are classified in this heading not only if they are intended to be incorporated in machines and appliances but also if they can be used independently . . . for various purposes such as research, teaching or laboratory examinations." As such, the laser, when imported separately, is classifiable under this heading, specifically under subheading 9013.20.00, HTSUS.

The applicable subheading for the laser component will be 9013.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lasers, other than laser diodes. The rate of duty will be 3.1 percent ad velorm.

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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