CLA-2-90:S:N:N3:114 897006

Mr. Ming J. Liou
Beta Electronics, Inc.
2209 Cloverdale Court
Columbus, Ohio 43235-2723

RE: The tariff classification of laser diodes, laser diode modules, and laser pointers from Taiwan

Dear Mr. Liou:

In your letter dated April 4, 1994 you requested a tariff classification ruling.

The laser diodes are semiconductor devices used as the light source for laser printers, CD players, barcode readers and other types of apparatus. The laser diode modules contain the laser diode, a driving circuit, a plastic lens and a mounting housing. The plastic lens is considered an optical element for the purposes of the Harmonized Tariff Schedule. The laser pointers contain the laser diode module and are used as pointers to highlight areas of maps, charts, and similar articles. The laser pointer is imported without a battery. The applicable subheading for the laser diode will be 8541.40.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for light-emitting diodes (LED's). The rate of duty will be 2 percent ad valorem.

The applicable subheading for the laser diode module and the laser pointer will be 9013.80.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments, not specified or included elsewhere in this chapter; other devices, appliances and instruments; other. The rate of duty will be 9 percent ad valorem.

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

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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