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NY G84695

December 7, 2000

CLA-2-90:RR:NC:MM:114 G84695


TARIFF NO.: 9013.80.9000

Ms. Kimberly M. Novak
Emery Worldwide
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of an autocollimation proximity switch from Germany

Dear Ms. Novak:

In your letter dated October 18, 2000, on behalf of Sick, Inc., you requested a tariff classification ruling.

The autocollimation proximity switch is also referred to as an optical switch. Your letter of August 22, 2000 referred to the item as a contrast sensor. The article number is the KT2.

The literature describes the KT2 autocollimation proximity switch as a sensor that uses an LED to emit light through a beam splitter and a lens. The lens is used to focus the light onto the target. The reflected light travels back to the sensor along the same path, through the lens, and is reflected off the beam splitter towards a photoelectric detector diode. Internal electronics will switch on a transistor, which interfaces with a controller to indicate the target is present. The KT2 is fundamentally a switch with an output of either on or off, depending on the target present. The device contains optical elements, the lens and the beam splitter, which are essential to its operation. The sensing method is referred to as proximity, as compared to devices that require an interruption of a light beam.

The applicable subheading for the autocollimation proximity switches (optical switches) will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical devices, appliances and instruments. The rate of duty will be 4.5 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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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