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NY 851935




May 15, 1990

CLA-2-90:S:N:N1:114 851935

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.20.0000

Ms. Linda Prend
Schenkers International Forwarders, Inc.
123 Sivert Court
Bensenville, IL 60106

RE: The tariff classification of Light Pens from West Germany

Dear Ms. Prend:

In your letter dated April 20, 1990, on behalf of Rodenstock Precision Optics, Inc., you requested a tariff classification ruling.

The light pen for laser diode applications is an optical system with a laser diode as a light source. In use, light emitted from a laser diode is focused through imaging optics. The basic modular design of the light pen consists of the four- element collimator lens, the laser diode selected by the customer, and the removable heatsink. Also available are cylindrical lenses for correction of laser diode astigmatism.

According to the information provided, the light pen is considered a laser by the trade. The light pen replaces a conventional helium neon laser and is known as a light laser. Light pens are not used in cutting or welding; they are designed for use in bar code readers and similar applications.

The applicable subheading for the light pen will be 9013.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for lasers, other than laser diodes. The rate of duty will be 3.9 percent ad valorem.

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.

Sincerely,

Jean F. Maguire
Area Director

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