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NY J88254

September 25, 2003

CLA-2-85:RR:NC:1:112 J88254


TARIFF NO.: 8537.10.90

Mr. John M. Peterson
Neville Peterson, LLP
80 Broad Street
New York, NY 10004

RE: The tariff classification of a speed control box from Germany

Dear Mr. Peterson:

In your letter dated August 22, 2003, on behalf of Arri, Inc., you requested a tariff classification ruling.

As indicated by the submitted information, the speed control box is a device that is used in conjunction with an Aricam cinematography camera. Its function is to allow a camera operator to program the shutter speed of the camera and the rate at which the film is shot by the camera. As also noted, the speed control box is available in both an automatic and a manual version.

The applicable subheading for the speed control box will be 8537.10.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other boards, panels, consoles, , and other bases, , for electric control or the distribution of electricity: For a voltage not exceeding 1,000 V. The rate of duty will be 2.7 percent ad valorem.

You express the opinion that the speed control box is classifiable under subheading 9017.19.8080, HTS. Note 2(a), Chapter 90, states that parts which are good included in any of the headings of Chapter 90 or Chapters 84, 85 or 91 (other than heading 8485, 8548 or 9033) are in all cases to be classified in their respective headings. Since the speed control is included in one of the headings of Chapter 85 (8537), it is precluded from classification under subheading 9017.19.8080, HTS.

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 David Curran at 646-733-3017.


Robert B. Swierupski

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