CLA-2-90:OT:RR:NC:N4:405
Sean McCaul
AES International
285 Newbury Street
Peabody, MA 01960
RE: The tariff classification of an Itemiser explosives and narcotics detection system from Germany
Dear Mr. McCaul:
In your letter dated April 27, 2011, you requested a tariff classification ruling. No sample was provided.
You state that the imports are products of the United States, but you do not claim that any of the provisions of HTSUS Chapter 98 apply.
Based on the information from the pages of a GE Security products brochure which you included with your submission, the Itemiser is an Ion Trap Mobility Spectrometer which “simultaneously analyzes both positive and negative ions”. It provides “quick analysis and results in approximately 7 seconds”. The Itemiser would typically be used at a security checkpoint at an airport, government facility, etc. The standard method of operation is via a sample trap which is swiped across the surface of interest and which is then inserted into the device. The device analyzes the sample and produces bar graphs, time-of-flight displays, etc, that are optimized to emphasize the presence, if any, of trace amounts of substances typically found in either explosives or narcotics. The graphical displays and analysis results can be viewed on a 10.4 inch LCD monitor built into the device.
The applicable subheading for the Itemiser will be 9027.80.4560 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other,” Physical analysis instruments and appliances, which are not using optical radiations and which are electrical per Chapter 90, HTSUS, Additional U.S. Note 2. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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