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NY R03649

May 2, 2006

CLA-2-90:RR:NC:N1:105 R03649


TARIFF NO.: 9022.90.4000

Ms. Susan M. Mathews
Sidley Austin LLP
555 California St., Suite 2000
San Francisco, CA 94104

RE: The tariff classification of spindle units for X-ray tubes from Japan

Dear Ms. Mathews:

In your letter dated April 3, 2006, for Koyo Corporation of U.S.A., you requested a tariff classification ruling. No sample was submitted.

You state that SEXFW37216HTMG is “mounted inside the X-ray tube and support(s) the rotating anode” and “is specially designed to complete the electric circuit between the anode and the cathode.”

From your drawing and statements, the item does include a shaft and balls. However, because the article is of special construction to complete the electrical circuit within the machine, we do not consider it to be covered by HTS 8482.

From the notations on the drawings, it is clear that this item was engineered for use in a specific X-ray tube. This is also consistent with its relatively high cost.

Separately imported parts, if identifiable as parts of a kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of a particular item (see Headquarters Ruling Letter 965546, 8-2-02), are classified in its heading if not excluded from HTS Chapter 90 by its Note 2-a or 1 or by HTS Add. US Rule of Interpretation 1-c (see HRL 965968, 12-16-02.)

It does not appear excluded from HTS Chapter 90 by its Note 2-a or 1 or by HTS Add. US Rule of Interp. 1-c.

We agree that it is similar for classification purposes to the item in New York Ruling Letter 879429-104, 10-27-92.

The applicable subheading for the SEXFW37216HTMG will be 9022.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of X-ray tubes. The rate of duty will be .9 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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