NY 865530

AUG 20 1991


CLA-2-90:S:N:N1:102 865530

Mr. James L. Gregory
C.F. Liebert, Inc.
P.O. Box L
Blaine, Washington 98230

RE: The tariff classification of a Remote Terminal Unit and a Real Time Data Logger from Canada

Dear Mr. Gregory:

In your letter dated July 12, 1991, on behalf of your client, Sierra-Misco Telemetry Systems, Ltd., you requested a tariff classification ruling.

The model RTU-0850N Remote Terminal Unit (RTU) and the model 5096 Real Time Data Logger are both described as components used in a Supervisory Control And Data Acquisition (SCADA) system. The complete system is designed to monitor and control water and waste management, such as a city's water distribution system or sewage collection system.

The RTU is used to automatically collect and transmit data from a remote location to a central station. It also has two control options, either using on-off set point control, with analog or digital input, to control gates, pumps or valves, or using proportional integral derivative techniques to regulate such functions as reservoir water level. The unit can be programmed either directly from the master station or in the field by portable computer.

The Model 5096 data logger/transmitter automatically accumulates and send real-time data from a remote location to a central receiving station. It is equipped with multiple digital and analog sensor inputs and two control outputs. The transmitter uses a wide variety of communications options such as VHF, UHF, microwave, telephone modem, radio, and transceivers. The data logger is programmed to either maintain its memory when it becomes full and discard any incoming data, or overwrite the oldest data with the newest. The unit does not, in itself, control any variable functions, such as water level, flow, etc.. It can receive data from a wide range of sensors, and is fully programmable to operate with a number of systems.

The applicable subheading for the model RTU-0850N remote terminal unit will be 9032.89.6075, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic regulating or controlling instruments and apparatus; other process control instruments and apparatus, other. The duty rate will be 4.9 percent ad valorem. The applicable subheading for the model 5096 Real Time Data Transmitter will be 9031.80.0080, HTS, which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheadings 9032.89.6075 or 9031.80.0080, HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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