CLA-2-90:S:N:N1:104 859302

Mr. Chad R. Wyatt
Fritz Companies, Inc.
40 Exchange Place, 12th floor
New York, NY 10005

RE: The tariff classification of apparatus to detect radiation and a telemetry terminal from Germany.

Dear Mr. Wyatt:

In your letter dated November 30, 1990 on behalf of Sage Alerting Systems of Stamford, Connecticut you requested a tariff classification ruling. The DLM 1420 Measured Data Transmitter together with the DLM 1420-2200-4 Gamma Dose Rate Probe constitutes a complete and independent gamma dose rate measurement station, including an interface for data exchange with a remote control station. Functions of the transmitter include power supply generation for the probes, measured data generation, generation of mean values, generation of local gamma dose rate values etc. Data is displayed via a liquid crystal display. The probe uses two Geiger Muller tubes to measure the local dose rate.

The TE 1420 Telemetry Terminal represents an independent adaption unit between auto dialing modems, radio transmitting units, serial bus systems or multipoint modems and a standard serial interface RS 232C as used in data processing devices. The terminal allows local stations for measuring data to be linked together to form a computer controlled supervision system. The terminal transfers command sequences to the appropriate output device and receives messages generated in the local stations, stores them in a serial data buffer and transfers them to the control system.

The applicable subheading for the Measured Data Transmitter and the Gamma Dose Rate Probe will be 9030.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or detecting ionizing radiations. The rate of duty will be 4.7 percent ad valorem.

The applicable subheading for the Telemetry Terminal will be 8517.82.0080, HTS, which provides for other telegraphic apparatus. The rate of duty will be 4.7 percent ad valorem.

You indicate that several components are made in the U.S. and shipped to Germany for assembly. Articles assembled abroad in whole or in part of fabricated components, the product of the United states, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting will be subject to a duty upon the full value of the imported article, less the cost or value of such products of the U.S., under subheading 9802.00.8060, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport