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NY K81246

November 24, 2003
CLA-2-90:RR:NC:N1:105 K81246


TARIFF NO.: 9031.80.8085; 9810.00.6000

Mr. Ronald R. Hodge
F.H. Kaysing Co. of Wichita
P.O. Box 12497
Wichita, KS 67277

RE: The tariff classification of a wind tunnel balance system from England

Dear Mr. Hodge:

In your letter dated September 19, 2003, for Wichita State University, you requested a tariff classification ruling. Your request was received here on November 19, 2003, forwarded from our Washington office. As of September 11, 2001, the NCSD is not located in Zip 10048 (World Trade Center) as indicated in the addressing in your letter. No samples were submitted.

Per the Aerotech submission, the wind tunnel balance system will simultaneously gauge the aerodynamic load on the object in the wind tunnel in several directions. It will weigh about 7000 kilograms. The measurements will be accomplished essentially by levers and strain gauges. It is related to the items described in Harmonized System Explanatory Note I-A-29 to Heading 90.31.

The applicable subheading for that system will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other,” non-“optical,” measuring or checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.

You state, “It is our intention to apply for a duty free exemption for this scientific balance system as provided by 15 CFR part 301 (9810.00.6000).”

Regarding HTS 9810.00.6000, as you indicate, 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 the procedures in U.S. Notes 1 and 6b-e of that subchapter and in Customs Directive 099 3550-073A, dated August 16, 2002. 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; Washington, DC 20229. The telephone number is 202-572-8810. 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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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