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NY 854439

AUG 13 1990

CLA-2-90:S:N:N1:104 854439


TARIFF NO.: 9030.10.0000; 9030.81.0000; 8537.10.0060

Mr. Kim Bashaw
A.N. Deringer, Inc.
800 Proctor Avenue
Ogdensburg, New York 13669

RE: The tariff classification of a radiation monitor, a battery tester, and a control for destination signs from Canada.

Dear Mr. Bashaw:

In your letter dated July 9, 1990 on behalf of Pylon Electronic Development of Ottawa, Ontario, Canada you requested a tariff classification ruling.

The Pylon Model AB-5 Portable Radiation Monitor is used to measure environmental radiation levels. It has a built-in photomultiplier tube, air pump and rechargeable battery to minimize set-up time. A wide variety of probes and detectors are available for measuring alpha or beta emitting particulates on a 47mm diameter filter.

The Automated BAT 350 Battery Test Unit will test any size battery from 180 to 3500 Amp-hours and charge, discharge, and recharge a battery thus determining the number of years of remaining useful life. The unit will operate one cell of the battery through a complete working cycle without removing the battery from service. The BAT 350 is programmable and runs automatically after the user inputs the test parameters into the microprocessor via a key pad. A back-lit LCD indicates the status of the test while a built-in printer provides a permanent record of the test results. The unit has two rubber tires so that it can be wheeled between test locations.

The Pylon Automatic Destination Sign System allows a bus operator to change destination signs via an operator's console on the dashboard rather than having to change each sign manually. The Operator Console (the only item to be imported) is comprised of a keypad, a two-line display and a buzzer. The keypad has 16 pushbuttons which are used for entering information and controlling all functions of the system. The display shows the operator the contents of a memory register, the information on the signs, error/alarm conditions, and provides some instructions on changing signs. The buzzer will alert the operator to any abnormalities. The displayed memory register contents can either be changed or used for setting the signs.

The applicable subheading for the AB-5 Portable Radiation Monitor will be 9030.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or similar radiations. The duty rate will be 4.7 percent ad valorem.

The applicable subheading for the BAT 350 Battery Test Unit will be 9030.81.0000, HTS, which provides for other instruments and apparatus for measuring or checking electrical quantities with a recording device. The duty rate will be 4.9 percent ad valorem.

The subheading for the Operator Console will be 8537.10.0060, HTS, which provides for panels equipped with two or more apparatus of heading 8536: For a voltage not exceeding 1,000V ... Programmable controllers ... The duty rate will be 5.3 percent ad valorem.

Goods classifiable under subheading 9030.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Likewise, those goods classifiable under 9030.81.0000 will be entitled to a 3.9 percent rate and those under 8537.10.0060 to a 3.1 percent rate.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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