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February 8, 1999

CLA-2-85:RR:NC:1:112 D86612


TARIFF NO.: 8543.89.9695

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of a JPH Thread Monitor from England

Dear Ms. Friedman:

In your letter dated January 8, 1999, on behalf of Brother International, Inc., you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the JPH Thread Monitor is an attachment for an industrial sewing machine which electronically monitors the thread being fed into the sewing machine, and stops the operation of the machine if the feeding process is interrupted.

The applicable subheading for the JPH Thread Monitor will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

In your submission, you express the opinion that the JPH Thread Monitor should be classified under subheading 9032.89.6030, HTS. Since this item does not maintain a variable at a desired value, and since it does not measure, other than to detect the presence of thread, we believe that classification under subheading 9032.89.6030, HTS, is precluded.

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 David Curran at 212-637-7049.


Robert B. Swierupski

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