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March 10, 1999

CLA-2-90:RR:NC:MM:105 D88621


TARIFF NO.: 9029.20.4080

Ms. Leora C. Andrist
Nippon Express USA, Inc.
Portland Branch
8520 N.E. Alderwood Road, Suite “G”
Portland, OR 97220

RE: The tariff classification of an Ultrasonic Speed Gun from Japan Dear Ms. Andrist:

In your letter, dated February 22, 1999, for Kacom, Inc., you requested a tariff classification ruling.

This device emits and directs ultrasonic sound waves at a moving object, typically a pitched baseball heading in its general direction, and from the Doppler shift of the reflected sound waves it determines the object`s speed in MPH or KPH.

The heading for HTS 9029 includes “Speedometers”. While it is doubtful whether your device is within the common meaning of “speedometer” as it is used in the USA, the same Heading, 9029, in the Harmonized System, which is the basis for the HTS, uses instead “Speed Indicators”. This clearly applies literally to your device. Although it is different from the items cited in the Explanatory Notes to that HS Heading, since they are “usually mounted on vehicles...or machines...”, the Tariff is interpreted to include devices which became available after the Tariff language was written when, as here, it fits with the apparent intent of the drafters.

The applicable subheading for this item will be 9029.20.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for speedometers and tachometers, which do not employ radio waves, are not used on civil aircraft, and are not used in navigation or surveying. The general rate of duty will be free.

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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