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February 3, 1999

CLA-2-90:RR:NC:MM:105 D86482


TARIFF NO.: 9033.00.0000; 9027.50.4060

Mr. Thaddeus Gapinski
Port Brokers Inc.
152-60 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a Laser Positioner and Fluid Analyzer from France

Dear Mr. Gapinski:

In your letter, dated January 4, 1999, for Lasertec International, you requested a tariff classification ruling.

The Positioning Laser System “assists radiotherapy devices such as accelerators, cobalt bombs, X-ray machines and MRI scanners in the precise positioning and flexible movement of patients so that optimum treatment can be achieved.” It does not itself position the patient, but the laser beams assist a technician in determining if the patient is positioned correctly to a very precise standard. It has a function similar, although with higher precision, to that of the Electric Incandescent Centering Devices cited in the Parts and Accessories Explanatory Note to Harmonized System Heading 90.22. However, unlike those devices, which are used only with X-ray equipment, your device has broader applications with MRIs, classified in Subheading 9018.13 and, we assume, other newly invented medical equipment which likewise requires precise positioning of the patient. Therefore, noting Notes 2-b and c to Chapter 90, we cannot determine that it is “suitable for use solely or principally” with the apparatus of any one Heading.

Model AL.501 is a laser-based fluid analyzer which measures turbidity, counts particles, measures flow rate and measures the temperature of a passing fluid. The fluid analyzer contains an infrared light source, a photocell detector, a flow meter, and a temperature sensor. It is designed for use in chemical, biochemical, environmental, agricultural and food processing industries.

The fluid analyzer is a composite good; its essential character is imparted by the turbidimeter, which utilizes the intensity of the diffused light of the particles passing through the laser beam in order to determine the turbidity of the fluid.

Model AL.501 is classified under subheading 9027.50.4060, which provides for instruments and apparatus for physical or chemical analysis...; instruments and apparatus for measuring or checking quantities of heat, sound or light...;other instruments and apparatus using optical radiations (ultraviolet, visible, infrared); electrical; other. The rate of duty is free. The applicable subheading for the positioner item will be 9033.00.0000, HTS, which provides for parts and accessories (not specified or included elsewhere in Chapter 90) for machines, appliances, instruments or apparatus of Chapter 90. The general rate of duty will be 4.4 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 regarding the ruling, contact National Import Specialist James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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