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NY R02827

December 5, 2005

CLA-2-90:RR:NC:N1:105 R02827


TARIFF NO.: 9031.80.8085

Ms. Kathryn J. Gilmore
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification and country of origin of a MicroGyro Test Cell exported from Canada

Dear Ms. Gilmore:

In your letters dated October 20 and November 9, 2005, for Sterner Automation Ltd, you requested a tariff classification ruling. No sample was submitted.

You stated: “The MicroGyro Test Cell is a complete testing system that automates the loading/unloading and testing of inertial sensors. These inertial sensors (chips) use one piece, micro machined elements that measure angular rotational velocity. These sensors produce a signal output proportional to the rate of rotation sensed.”

You indicate that the major components are:

“ Waffle tray loader
 Chip Handler Robot
 Smart Trays
 Tray handler robot
 Rate Table Station
 Thermal chamber (oven)
 Part Marking Station
 Part Mark Verification System
 Tape Loaders
 Control Panel
 Magazine Transfer Cart

All related electrical test equipment is imported together in one shipment. No equipment is imported or sourced separately.”

Although you had stated in your October 20th letter that the system tests “electronic chips,” you stated in your November 9th letter that the MicroGyro sensors being tested “include mechanical components as well as semiconductor circuit.“

Regarding the rate table station, you state: “The rate table station is used to calibrate and measure performance of output rate signal on rate of rotation. The smart tray with MicroGyro sensors are clamped on the rate table. The rate table rotates the smart tray in one direction with constant and precise rate (speed). The value of the rate output is collected for each sensor. Then the smart tray with sensors is rotated in the opposite direction. The data collected is used to calculate calibration, the sequence is repeated; the data is analyzed to verify that the sensor rate output values corresponds to the actual rate of rotation.”

From your description and the information via the internet in the study, A Low-Cost GPS/Inertial Attitude Heading Reference System (AHRS) for General Aviation Applications, authored by Department of Aeronautics and Astronautics, Stanford University, we understand the rate table is performing the functional test of measuring the output of each sensor to assure that its output is consistent with the physical change of inertia that the table is causing. If the output is not consistent, that implies that the sensor is defective.

We consider this to be the clearly defined function which determines the classification of the system per Note 3 to Chapter 90.

The system clearly has many optical elements especially for the multiple video cameras which, primarily, keep track of the movements and placements of the sensors being tested and for the laser which will burn the serial number on the parts. However, we consider those to be “subsidiary purposes” for this system in applying Additional US Note 3 to Chapter 90.

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

You have also asked for a country of origin determination.

You state: “The MicroGyro components are assembled in Canada. The machined parts (frames, etc) are made in Canada.”

Regarding the country of origin, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

What is the country of origin and approximate cost of each of the non-machined materials?

Provide a sufficient description of each material imported into Canada so that it can be classified per se to the 4 digit HTS level, noting the tariff shift test in Customs Regulation 102.20 – q.

Also include a statement as to whether country of origin advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

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 and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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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