CLA-2-91:RR:NC:MM:114 L84288

Mr. Kevin Egan
E. Besler & Co.
115 Martin Lane
Elk Grove, Il 60007

RE: The tariff classification of personal ultraviolet light sensor from China

Dear Mr. Egan:

In your letter dated April 14, 2005, of behalf of Chaney Instrument Co. Inc., you requested a tariff classification ruling on the personal ultraviolet (UV) light sensor.

The hand held personal UV sensor is a sun exposure sensor with timer. The sensor monitors exposure to UV rays from the sun during outdoor activities such as hiking, biking, and sunbathing in order to help prevent skin damage and sunburn. The sensor uses the SPF (sun protection factor) level of sunscreen, the skin type and the UV intensity to determine the amount of time a person can be safely exposed to sunlight. A prototype of the UV sensor was furnished with your request and is being returned as requested.

To use the sensor, you input your skin type, the SPF of the sunscreen lotion you are using and the UV Index (UVI). The UVI is measured from zero to 20. The higher the UVI, the greater the exposure to skin and eye damaging UV radiation and the less time it takes for this damage to occur. The UV sensor calculates recommended exposure time and displays the countdown of the time it is safe to remain in the sun.

The applicable subheading for the personal UV sensor will be 9106.90.55, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time; other; other; apparatus for measuring recording or otherwise indicating intervals of time, with clock or watch movements, battery powered: with opto-electronic display only. The rate of duty will be 3.9 percent on the apparatus plus 5.3 percent on the battery.

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,
National Commodity
Specialist Division