CLA-2-90:RR:NC:MM:105 G87407
Mr. Herb Zimmerman
Applied Technologies, Inc.
1120 Delaware Avenue
Longmont, CO 80501
RE: The tariff classification of remote sensing equipment from Germany
Dear Mr. Zimmerman:
In your letter dated February 12, 2001, you requested a tariff classification ruling. No samples were submitted, but multi-page brochures were submitted with your request for a ruling.
The Scintec Acoustic Wind Profilers are Advanced High Performance Profilers for Wind Speed and Turbulence as stated on the cover of the brochure. They are called Sodars. Per the CD-ROM Oxford English Dictionary (OED), sodar (sound radar) is defined as:
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The OED citations note the detection of dangerous wind patterns and turbulence around airport runways as a major use of sodar. It is clear that your items, XFAS52, FAS64, and SFAS64, which differ basically only in size and power, will normally be used outdoors for wind measurements. The specifications cite accuracy levels only for horizontal wind speed, vertical wind speed, and wind direction. The wind data will be interpreted by a computer with specialized software to produce wind profile information.
We note that Explanatory Note V-2 to Harmonized System Heading 9015 includes Anemometers as Meteorological Instruments. While using technology developed in the interim, your items perform a similar function to that by an array of anemometers interpreted by a meteorologist.
The applicable subheading for these sodars will be 9015.80.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “non-optical” meteorological instruments. The general rate of duty will be free.
The Scintec RAE-1 RASS extension is a Radio Acoustic Sounding System which can be incorporated into an existing Sodar System. It generates sound waves for the purpose of having its radar element emit electromagnetic waves at them. Once the radar signal is received a Doppler shift emerges. It is used as a meteorological radar device. Note 1-h to HTS Chapter 90 excludes from it “radar apparatus...(heading 8526)”.
The applicable subheading for the Radio Acoustical Sounding Device will be 8526.10.0040 which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Radar apparatus ... Other. The duty rate will be free.
Surface Layer Scintillometers use the effect of the observed intensity of a remote light source to measure atmospheric turbulence. The Scintec Surface Layer Scintillometers utilize a displaced-beam laser technique to determine turbulence information including the fluxes of heat and momentum. There are four instrument versions for different applications: the SLS20, SLS40, SLS20-A, and the SLS40-A. They are used in a variety of applications including turbulence studies, micrometeorological stability monitoring, wind divergence measurements, and airport runway crosswind measurements.
The Surface Layer Scintillometers are classifiable under the subheading for meteorological instruments and appliances, other optical instruments and appliances, in subheading 9015.80.20, HTS, dutiable at 2.8 percent ad valorem.
Boundary Layer Scintillometers measure atmospheric turbulence and heat flux over spatial scales up to 5 kilometers. The Scintec Boundary Layer Scintillometers evaluate the apparent fluctuations of the intensity of a remote infrared transmitter to determine atmospheric turbulence parameters. There is one instrument version of the Boundary Layer Scintillometer, which is the BLS900. It is used in various applications including turbulence studies, local climate analysis, wind divergence measurements, and airport runway cross wind measurements and wake vortex detection.
The Boundary Layer Scintillometers are classifiable under the subheading for meteorological instruments and appliances, other optical instruments and appliances, in subheading 9015.80.20, HTS, dutiable at 2.8 percent ad valorem.
It is not clear if software will be included in the imports. Note that any software will be separately classifiable due to Note 6 to Chapter 85 of the HTS, and its value for Customs purposes will be only the value of the medium, not the value of the content. New York Ruling Letter B86452, dated June 19, 1997, noted.
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 James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division