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NY R03869




May 26, 2006

CLA-2-90:RR:NC:MM:114 R03869

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Ms. Heidi Ann Kruger
EuroInsoles Incorporated
601 Brickell Key Drive
Suite 201
Miami, FL 33131

RE: The tariff classification of the Edserscan from Spain

Dear Ms. Kruger:

In your letter dated May 3, 2006, you requested a tariff classification ruling. Descriptive literature on the Edserscan was provided with your ruling request.

You have indicated in your letter that the Edserscan uses two 3.5 mm optical digital cameras and one red line laser projector to map the surface of the foot. The device can be used to scan the foot itself or any type of foam or plaster mold of the foot in order to obtain a digital image of the foot’s surface. Using the software, the foot can be measured for specific lengths, heights, and widths. This technology would primarily be used by individuals involved in fitting shoes or orthotic insoles. The Edserscan may be used by a shoe store, podiatrist or orthosist, but it can also be used by any individual interested in obtaining foot measurements. You state that the device has two Universal Serial Bus (USB) ports for the camera connections, one USB port to connect to a PC and two cables.

The applicable subheading for the Edserscan will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Regarding the software, we need additional information in order to classify the software. What is the format of the software? For example, it is a CD-ROM? Will it be imported with the Edserscan in the same shipment? Is it required for the Edserscan to perform the measurements of the foot? What type of computer is required to run the software and will the computer be part of the importation?

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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