CLA-2-90:RR:NC:N1:105 H86817

Mr. Jonathan Beck
Tower Group International
810 Cromwell Park Drive, Suite E
Glen Burnie, MD 21061-2562

RE: The tariff classification of an X-ray detector panel from Canada

Dear Mr. Beck:

In your letter dated November 5, 2001, received here December 31, 2001, for Direct Radiography, you requested a tariff classification ruling.

In its imported state, no sample provided, “the panel would consist of TFT (Thin Film Transistor) panels laminated to a sheet of glass for added strength. These panels would have amorphous selenium coated onto the panel.”

From the information provided, the imported detector array is 14 by 17 inches in size and is the “heart” of the digital detector. This import will lack the electronics of the controller/computer which will be needed to produce images from its electrical output. The final images will be similar to, but more precise than, the images produced on a traditional, direct view, X-ray screen. The imported array will produce electricity proportional to the intensity of X-rays striking each small area of the device.

You propose classification in HTS 9022.90.60. However, in accordance with Note 2-a to HTS Chapter 90, the fact that the import in itself, not just as a part of a larger system, is covered by a heading of Chapter 90 controls its classification.

The applicable subheading for the X-ray detector array will be 9030.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations. The general rate of duty will be 1.6 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division