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NY G82699

October 10, 2000

CLA-2-85:RR:NC:1:108 G82699


TARIFF NO.: 8529.10.9000, 9810.00.6000

Mr. Paul Vroman
AEI Customs Brokerage Services
2555 20th St.
Port Huron, Michigan 48060

RE: The tariff classification of a radio telescope antenna and its applicability under HTS provision 9810 from Germany and Italy.

Dear Mr. Vroman:

In your letter dated September 26, 2000, on behalf of the North American Radio Astronomy Observatory, you requested a tariff classification ruling.

The items in question are two antennas for a radio telescope. They are to be incorporated within the “ Atacama Large Millimeter Array” radio telescope. Both antennas are composed of:

- 12m diameter primary reflector with support legs.

- Secondary reflector and its servo-controlled positioning platform.

- Receiver cabin and its HVAC system. This does not include any computers or receiving equipment.

- Meteorology instrumentation.

- Power distribution cabling.

- Platform for mounting auxiliary equipment.

- Alt/az mount with drive systems and the controllers.

The goods are being imported by the National Radio Astronomy Observatory, which is operated by Associated Universities, Inc. The AUI is a non-profit corporation established for scientific and educational purposes. The antenna will be incorporated into the telescope whose primary components are of United States origin. Upon completion the National Radio Astronomy Observatory will export the entire telescope to Chile for operation.

The applicable subheading for the radio telescope antenna will be 8529.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Antennas and antenna reflectors of all kinds; parts suitable for use therein: Other: Other. The rate of duty will be 3 percent ad valorem.

Regarding HTS 9810.00.6000, the Department of Commerce, not the United States Customs Service makes the final decision concerning its applicability.

Since the HTS 1-97 chapter classification for this item is within the ranges listed in U.S. Note 6a to subchapter 10 to HTS chapter 98, you should follow procedures in U.S. Note 1 and 6b-e of that subchapter and in Customs Directive 099 3550-073, dated April 15, 1998. You must first complete ITA (International Trade Administration) form 338P. Upon completion it must be presented to the Special Classification and Marking Branch of U.S. Customs for their receipt, review and if appropriate, forwarding to the Department of Commerce.

The Special Classification and Marking Branch is located at 1300 Pennsylvania Avenue, NW; Room 3.5-A; Washington, DC 20229. The telephone number is 202-927-2310. It is suggested that you contact them directly if you have any questions concerning the ITA form 338P or your presentation of such at the time of filing.

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 Michael Contino or James Sheridan at 212-637-7039 or 7037.


Robert B. Swierupski

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