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NY I85745




September 19, 2002

CLA-2-84:RR:NC:1:110 I85745

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. Richard Dougherty
FedEx Trade Networks, Transport & Brokerage 501 Elmwood Ave., Elmwood Court II
Sharon Hill, PA 19079-1033

RE: The tariff classification of scanner stands from China.

Dear Mr. Dougherty:

In your letter dated August 22, 2002, on behalf of your client Metrologic Instruments, Inc., you requested a tariff classification ruling.

The merchandise under consideration are three bar code scanner stands, one is completely assembled and the other two are unassembled consisting of two parts for each stand. Samples of the five items that make up the three stands were submitted with your ruling request and will be returned to you. Part number MLPN45429 is a completely assembled stand designed to hold the Metrologic MS6720 scanner. Part numbers 45-45967A (Cup Assembly) and 45-45967B (Base Assembly) are the two parts used to form another type of stand for the Metrologic MS6720 scanner. Part numbers 46-46128C (Mask Stand) and 46-46128D (Stand Apron) are two items that form a stand to hold the Metrologic MS9520 Voyager scanner. As stated in the information provided for this ruling request, the individual parts that form the unassembled stands are imported together in equal quantities. These stands hold the specific scanners for which they were designed and manufactured. From the literature submitted with your ruling request, Metrologic’s MS9520 Voyager and MS6720 scanners would fall under heading 8471. The scanner stands appear to meet Explanatory Note 84.71 with regard to accessory.

The General Rule of Interpretation (GRI) 2. (a) states:

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

The applicable subheading for part numbers 46-46128C, 46-46128D, 45-45967A, 45-45967B, when imported as unassembled stands, and MLPN45429 will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts and accessoriesof headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other.” 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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