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NY 886741

June 21, 1993

CLA-2-90:S:N:N3:114 886741


TARIFF NO.: 9031.40.0080

Ms. JoAnn Johnston
Great Lakes Customs Brokerage, Inc.
P.O. Box 740
Buffalo, New York 14213

RE: The tariff classification of an Optical Fiber Monitor from Canada

Dear Ms. Johnston:

In your letter dated May 20, 1993, on behalf of Opto- Electronics Inc. you requested a tariff classification ruling.

The Optical Fiber Monitor operates at the wavelength of 680 nanometers (nm) or 850 nm and is designated model OFM20. The OFM20 measures the difference between two light levels, but does not measure quantities of light. The Optical Fiber Monitor calculates the signal loss of optical fiber. It sends out a pulse of light and receives back a reflected signal. The first measurement is time so that the distance to the reflecting feature can be calculated. The second measurement is the amplitude of the returned signal. These measurements allow for calculation of signal loss so that the fiber can be evaluated.

The applicable subheading for the Optical Fiber Monitor will be 9031.40.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical measuring and checking instruments. The rate of duty will be 10 percent ad valorem.

Goods classifiable under subheading 9031.40.0080, HTS, which have originated in the territory of Canada, will be entitled to a free 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

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