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NY 854506

AUG 15 1990

CLA-2-90:S:N:N1:104 854506


TARIFF NO.: 9029.10.8000; 9029.90.8080; 8542.11.00; 4202.92.9020

Mr. James L. Gregory
C.F. Liebert, Inc.
P.O. Box L
Blaine, Washington 98230

RE: The tariff classification of an automated ballot counting system from Canada.

Dear Mr. Liebert:

In your letter dated July 18, 1990 on behalf of North American Technologies of Vancouver, Canada you requested a tariff classification ruling.

The Accu-Vote Ballot Card Reader System includes an I/C memory card, a ballot box and a carrying case for the reader in addition to the reader itself. The reader optically scans the "mark sense" ballots inserted by the voters, tallies the results and drops the ballot into the ballot box. The data is interpreted by the unit's "on-board" ROM chip. The reader has a built-in printer with a locking cover over the printing mechanism which prints out the vote totals. It also has a LCD to display prompts and error messages. The memory card is a battery backed CMOS RAM I/C card which is inserted into the reader. After the voting, it is removed and carried back to election HQ to communicate the results to the central computer. The ballot box is made of polyethelene and includes a motor and a deflector to separate the "mark sense" ballots from the "write-in" ballots which are not counted by the reader. It also has a separate compartment where the "mark-sense" ballots are deposited in the event the reader malfunctions and the ballots have to be counted manually. The carrying case, sample submitted, is made of Cordoa nylon. The sample will be returned per your request.

You have requested that a ruling be issued on the complete system and on the components when separately imported. All of the components are made in Canada except for the memory card which is made in Japan.

The applicable subheading for the Accu-Vote Ballot Card Reader System excluding the carrying case will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for revolution counters, production counters ... and the like. The duty rate will be free. The nylon carrying case, imported separately or with the system, will be classified under 4202.92.9020, HTS, which provides for trunks, suitcases and similar containers ... other, other. The duty rate will be 20%.

Separately imported, the Accu-Vote Ballot Card Reader will remain classified under 9029.10.8000, HTS. The ballot box will be classified under 9029.90.8080, HTS, which provides for parts and accessories for counters. The duty rate will be free. The I/C memory card will be classified under 8542.11.00, HTS, which provides for monolithic integrated circuits: digital. The duty rate will also be free.

Goods classifiable under subheading 4202.92.9020, HTS, which have originated in the territory of Canada, will be entitled to a 16 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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