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NY D83402

October 27, 1998

CLA-2-90:RR:NC:1:105 D83402


TARIFF NO.: 9022.19.0000; 8543.89.9695

Mr. Samuel N. McClure
Central Carolina Shipping, Inc.
P.O. Box 19234,
Charlotte, NC 28219

RE: The tariff classification of an X-ray machine and a Metal Detector from France

Dear Mr. McClure:

In your letter dated September 17, 1998, you requested a tariff classification ruling on behalf of N. Schlumberger (USA) Inc.

Regarding the Thibeau Servo-X, it includes a low amperage X-ray emitter and an X-ray receiver. The fiber mat passes between the two. The denser the fiber mat is, the weaker is the electric signal sent out by the receiver. This signal is used by a microprocessor based controller to send appropriate signals to vary the feed roll speed so that the fiber weight will meet specifications. None of the mechanical parts that move the fiber mat are part of the Servo-X.

Since the import, in operation, will emit, or in the absence of effective shielding would emit, an electromagnetic radiation, it is considered an "Electronic Product". See 21 CFR ( the Food and Drug Administration Regulations), Chapter 1, Subchapter J (Radiological Health), Part 1000 (General). Per Custom Regulation 12.91-b, you must file with Customs at the port of entry of any shipments of this import two copies of a declaration, verified by the importer of record, on FDA Form FD 2877, concerning the import`s compliance with the FDA requirements. If you need further information concerning the FD 2877 or the FDA requirements, we suggest you contact the FDA, Center for Devices and Radiological Health, 9200 Corporate Boulevard, Rockville, MD 20850. As of April of 1998, they can be telephoned at 301-594-1212.


The Thibeau MD Metal Detector & Extracting System consists of a metal detector, a pipe switch, and a waste chamber, all of which are connected by a piping system. In operation, both ferrous and non-ferrous metal particles are detected and removed without the necessity of stopping the line feed in a fibre carding machine.

The applicable subheading for the Servo-X will be 9022.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other apparatus based on the use of X-rays . The general rate of duty will be .4 percent ad valorem. The applicable subheading for the Thibeau MD Metal Detector & Extracting System will be 8543.89.9695, HTS, which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The general rate of duty will be 2.9 percent ad valorem.

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 specifically regarding the classification of the Thibeau MD, contact National Import Specialist Dave Curran at 212-466-5680.

If you have any other questions regarding the ruling, contact National Import Specialist James Sheridan at 212-466-5669.


Robert B. Swierupski

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