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March 26, 1999

CLA-2-84:RR:NC:1:110 D89625


TARIFF NO.: 8473.29.0000

Mr. Ed Scott
Import Manager
Kintetsu World Express (USA), Inc.
8934 NE Alderwood Road
Portland, Oregon 97220

RE: The tariff classification of a Sapphire Window Assembly from Japan

Dear Mr. Scott:

In your letter dated March 16, 1999, on behalf of PSC Scanning Inc., you requested a tariff classification ruling.

The sample you submitted for this sapphire window assembly and the additional information furnished to our request for further information, indicates that this device consists essentially of heat treated glass, synthetic sapphire, and glue.

The sapphire window component is specifically designed and used with the scanner portion of a supermarket type of Point of Sale Terminal. It is imported unmounted and specifically cut to size to fit the window of the bar code scanner. It is approximately 1/4 of an inch thick, has four sides, with the longest side about 6 1/2 inches long. The window has two purposes: allows beam from inside unit to make contact with the bar code that is being moved across window; it also prevents objects from dropping into the POS scanner (The sapphire itself is for durability, i.e.; prevents window scratches that cause bar code mis-reads.)

The window consists of a heat treated glass unto which synthetically grown sapphire is adhered with clear glue. Although this cut-to-size component of the POS scanner incorporates in part synthetic sapphire, the preclusion provision under Legal Note 1 (f) to Section XVI would not be applicable. Legal Note 1 (c) to Chapter 84 of the HTS would be precluded also, since this window component would not fall under heading 7019 or 7020.

Noting Legal Note 2 (b) to Section XVI of the HTS, this sapphire window component is principally used with the POS scanner and would thus be classifiable as a part of that machine.

The applicable subheading for the sapphire window component will be 8473.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8470. The 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 Art Brodbeck at 212-637-7019


Robert B. Swierupski

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