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NY L87595

November 14, 2005

CLA-2-85:RR:NC:N1:112 L87595


TARIFF NO.: 8531.80.0050

Joan Studeny
Account Manager,
572 South Fifth Street
Pembina, ND 58271-4309

RE: The tariff classification of a metal detector from Canada

Dear Ms. Studeny,

In your letter dated October 11, 2005, you requested a tariff classification ruling on behalf of Ionix Security Scanning Systems of Dugald, Manitoba.

The item concerned is the Safescan Ferromagnetic MR Target Scanner (Model 4000). It is a rectangular-shaped item with an attached stick handle which measures approximately 15 inches in length, 3 ½ inches in width, 2 1/3 inches in depth and weighs 2 ¾ pounds. The frame of the scanner is made of aluminum and it has a plastic outer shell. Within the frame are electronic circuit boards, sensors, a magnet, light bulbs and a small speaker. Also included with the scanner is a power cord and a 12-volt, DC wall adapter.

The purpose of the Safescan Ferromagnetic MR Target Scanner (Model 4000) is to detect ferromagnetic metals (e.g.; iron, steel) and, when they are detected, to exhibit flashing lights and issue an audible alarm/sound.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states “ ... classification shall be determined according to the terms of the headings ... “. Heading 8531 of the HTS provides for “Electric sound or visual signaling apparatus ... “.

General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the Safescan Ferromagnetic MR Target Scanner (Model 4000) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric sound or visual signaling apparatus ... : Other apparatus: Other”. The rate of duty will be 1.3%.

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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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