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NY N009317





April 11, 2007

CLA-2-90: RR: NC: 1:114

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.20.0000

Mr. Robert Doyle
Affiliated Customs Brokers Limited
411 des R├ęcollets
Montreal, Quebec H2Y 1W3
Canada

RE: The tariff classification of PhyroFlex 1 Series, pulsed fiber laser from Canada.

Dear Mr. Doyle:

In your letter dated April 5, 2007, on behalf of Pyrophotonics Laser Inc., you requested a tariff classification ruling.

You state that the PhyroFlex 1 Series, pulsed fiber laser, has not been adapted to perform specific functions nor does it include any ancillary equipment consisting of special devices (e.g.: work-tables, work-holders, means of feeding and positioning work pieces, means of observing and checking the progress of operation). The laser will be used in various industrial applications. The laser system is based on an architecture where optical pulses are internally generated in the infrared wavelength range. A frequency doubling unit, incorporated in the product, uses a nonlinear crystal for second harmonic generation. The frequency doubling wavelength is in the visible range and is the wavelength of the output optical beam of the system. The laser uses this visible output beam when it conducts industrial precision micro-processing applications, such as memory repair, and wafer processing via drilling.

The applicable subheading for the PhyroFlex 1 Series, pulsed fiber laser will be 9013.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lasers, other than laser diodes. The rate of duty will be 3.1 percent ad velorm.

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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