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NY N018446

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November 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9013.20.0000, 9013.90.9000, 8537.10.9060

Mr. Robert M. Tayler
Argents Air Express Ltd.
2801-03 Coyle Ave.
Elk Grove Village, IL 60007

RE: The tariff classification of the Domino DSLI and DSLI L50 scribing lasers from Germany.

Dear Mr. Tayler:

In your letter dated October 11, 2007, on behalf of Domino Amjet Inc., you requested a tariff classification ruling.

The Domino DSLI and the DSLI L50 are CO2 industrial scribing lasers. The lasers consist of two components, a print-head which contains the laser tube, and a controller. The two components are used together. You state that at time of importation the two components constitute a fully workable industrial scribing laser. They print by etching or removing material. The Domino DSLI and the DSLI L50 will be mounted to work-tables, work-holders, etc., after importation and during the installation process. In most instances, both the print-head and the controller are imported together. On occasion, the print-head and the controller are imported separately.

The Domino DSLI marks serial numbers, batch codes, bar codes, 2D codes, logos and graphics with a choice of laser powers dependent on the application. It provides letter quality codes on stationary products and packaging line with speeds up to 396 meters a minute.

The DSLI L50 clear codes from simple single-line batch codes to multiple lines with real-time and date information. The DSLI is used for marking on paper, cartons, plastics and glass in the food, beverage, pharmaceutical and personal care markets.

From the information you provided with your ruling request, the controller is the sole provider of power to the DSIL and DSLI L50 industrial scribing laser print-heads. Electrical requirements are typically 400VA to 600VA. Separate electrical connections are provided for input and output voltage. Additional input and output connections are provided for other features. This controller is a stainless steel rectangular box measuring approximately 18.9 inches wide by 15 inches deep and 9 inches high. It features a full sized keyboard with numeric keypad and a 10.4 inch TFT color display. The controller is a processor based unit that utilizes a programmable memory for storing instructions for implementing specific functions to control and power the print-heads.

You proposed classification under subheading 8443.32.1010, HTS, for importations containing both the print-head and the controller, and classification under 8443.99.2000, HTS, for importations of one or the other components. Printers of 8443, HTS, print by application of inks, dyes, or another substance. Explanatory Note II 84.43 is noted. The Domino DSLI and DSLI L50 lasers do not print by application of inks, but by removal of material or etching.

The applicable subheading for the Domino DSLI and the DSLI L50 scribing lasers 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 valorem.

The applicable subheading for the Domino DSLI print-head and the DSLI L50 print-head, when imported separately, will be 9013.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides lasers other than laser diodes, parts and accessories, other. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the Domino DSIL controller and the DSLI L50 controller, when imported separately, will be 8537.10.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” The general rate of duty will be 2.7 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 8443.32.10 - Printer units, capable of connecting to an automatic data processing machine or to a network
• Tariff No.: 8443.99.20 - Parts of printer units of subheading 8443.32.10 specified in additional U.S. note 2 to this chapter
• Tariff No.: 8537.10.90 - Boards, panels, consoles, desks, cabinets, etc., equipped with apparatus for electric control, for a voltage not exceeding 1,000, nesi
• Tariff No.: 9013.20.00 - Lasers, other than laser diodes
• Tariff No.: 9013.90.90 - Parts and accessories of liquid crystal devices nesoi, and optical appliances and instruments, nesoi