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NY N003228

December 8, 2006



TARIFF NO.: 9031.80.8085

Mr. Paul Vroman
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of an Accelerations Measuring Device from Canada

Dear Mr. Vroman:

In your letter dated November 06, 2006, for Abitibi Consolidated Co., you requested a tariff classification ruling and you also asked if these devices can be considered “Instruments of International Trade” We assume you meant “of International Traffic.” No sample was submitted.

The Instruments of International Traffic question has been forwarded to the ORR office in Washington, DC for their reply to you.

You state: “The ‘accelerations measuring device’ is a device for measuring accelerations. It is specifically designed for the paper industry in order to assist in determining the cause and exact time of possible damage that paper rolls suffer during transportation. The item travels together with the paper roll, hidden inside the roll core, measuring acceleration events during the journey. Accelerations in the perpendicular directions are stored in the memory, together with the date and exact time of the occurrence. Temperature information is also stored if the change exceeds a preset threshold value.

The device, as it is imported with the paper rolls, is composed of two components: -Data logging unit, which contains a microprocessor controller and three acceleration sensors; -Carrier unit, which provides the external power (via housed battery) and acts as housing for data logging unit.”

The literature refers to it as the SPY/accelerations measuring device.

Harmonized System Explanatory Note I-A-18 to 90.31 indicates that it includes Apparatus for measuring or detecting vibrations, expansion, shock or jarring.

The applicable subheading for the SPY will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other", non-"optical" 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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