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NY K89188

September 10, 2004
CLA-2-90:RR:NC:MM:114 K89188


TARIFF NO.: 9031.49.9000

Mr. T.L. McCracken
R.J. McCracken & Son Inc.
5345 44th Street, S.E.
Grand Rapids, MI 49512-4001

RE: The tariff classification of Palm Laser Level made in China

Dear Mr. McCracken:

In your letter dated August 23, 2004, on behalf of Vendor Development Grand Rapids, Michigan, you requested a tariff classification ruling on the Palm Laser Level made in China. A sample of the Palm Laser Level was submitted with the ruling request.

The submitted sample is identified as the Palm Laser Level with All Position Base and Belt Case. The Palm Laser Level allows forward line projection and can be effectively used on the wall, on any horizontal surface, or in the hand as a quick reference tool. You have indicated in your letter that the laser level features non-spherical and pattern lenses. You have also stated that the laser diodes are rated at 635 nanometers/ 2.5 microWatts.

The applicable subheading for the Palm Laser Level with All Position Base and Belt Case will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances; other; other. The rate of duty will be 3.5 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 646-733-3019.


Robert B. Swierupski

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