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NY J85703

June 25, 2003

CLA-2-85:RR:NC:MM:106 J85703


TARIFF NO.: 8537.10.9060

Mr. Bill Jerome
UPS Supply Chain Solutions
231 North Third Street
P.O. Box 369
Pembina, ND 58271

RE: The tariff classification of a programmable controller from Canada

Dear Mr. Jerome:

In your letter dated June 11, 2003, you requested a tariff classification ruling on several different varieties of goods, including the subject merchandise. This ruling is being limited to the subject merchandise only. Our comments about the classification of the balance of the goods of your request will follow our classification decision on the controller.

The subject merchandise, the CMP 4030 Controller, is a programmable device that is used to control environmental conditions in a CMP 4000 Control System. It utilizes touch screen programming incorporating a user interface and integrated data collection through an on screen graph display.

You have expressed the opinion that this controller is classifiable under heading 8471, HTS. The CMP 4030 is not freely programmable, as required by Note 5(A)(a)(2), Chapter 84, and is not principally used in an ADP system, as required by Note 5(B)(a), Chapter 84. Accordingly, it is precluded from classification under heading 8471.

The CMP 4030 Controller is classifiable under subheading 8537.10.9060, HTS, which provides for boards, panels, consoles, desks, cabinets and other bases, equipped with two or more of the apparatus of heading 8535 or 8536, for electric control or the distribution of electricity: for a voltage not exceeding 1,000 V: Other: Other. The rate of duty will be 2.7 percent ad valorem.

The bulk of your request concerns the classification of a very wide variety of plant growth chambers and rooms, production chambers and rooms, tissue culture chambers and room, incubators and germinators. You also asked about a central control system used with these chambers and room. We are unable to issue a ruling on these products and will require additional information in order to do so. The ruling program is basically a product specific process in which rulings are issued on specific products with a specific set of facts. For this reason we do not ordinarily issue “blanket” rulings or rulings on lines of merchandise. Each ruling is generally limited to 5 like items. It would not be inappropriate to use the ruling decision issued for a particular product for another product of the same class or kind and therefore it is not necessary to issue a ruling for every article of a particular class or kind or of an entire line of merchandise. With this in mind you may re-submit your request for a limited number of articles which are fully described. Please describe what the merchandise at issue does and how it does it. In particular, do the concerned rooms and chambers have thermal equipment as part of their composition? How do the particular growth rooms and chambers achieve their results? Please limit your request to 5 like items and fully describe each item: dimensions, materials, components ant any other pertinent information.

With regard to the central control system, the CCS5.4, please confirm that the central processing unit (IBM compatible PC), monitor, keyboard and mouse will be imported together as a system with the system with the software loaded on the hard disk drive. Will any other hardware be imported with the system? Does the monitor have a CRT? Is it color or monochrome?

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Patrick Wholey at 646-733-3013.

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 Patrick Wholey at 646-733-3013.


Robert B. Swierupski

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