CLA-2-90:OT:RR:NC:4:414
Mr. Phil J. Kudla
Expeditors Tradewin
11101 Metro Airport
Center Drive
Suite 110
Romulus, MI 48174
RE: The tariff classification of the G3.0 HS Pulsed Fiber MOPA Laser Module and the LMF2000 Laser System
Dear Mr. Kudla:
In your letter dated January 11, 2010, on behalf of Miyachi Unitek Corporation (Miyachi), you requested a tariff classification ruling on the G3.0 HS Pulsed Fiber MOPA Laser Module imported from the United Kingdom. You also requested a ruling on the LMF2000 Compact Fiber Laser Marking Machine, which is manufactured by Miyachi in the United States, and may be reimported through various ports in the United States.
The G3.0 Pulsed Fiber Laser Modules are DC-powered modules with an optical seed pulse generated by a single-mode semi-conductor laser diode. The G3.0 features 14kW nominal peak power with 20W average output power. The G3.0 modules include the G3 RM, HS, and ST series 10-20W modules. The applications for the G3 modules are in laser-marking and micromachining applications. The G3.0 modules are designed as easy-to-integrate DC-powered OEM fiber laser modules with integral controllers designed to interface with common laser-marking equipment.
The G3.0 Pulsed Fiber Laser Module is incorporated into the finished unit, the LMF2000 Compact Fiber Laser Marking Machines. The G3.0 module cannot operate by itself and relies on the LMF2000’s control hardware, delivery optics and power supplies to function.
The LMF laser markers, models LMF 1000 and 2000, are fiber laser markers used to mark plastics and anneal and engrave metals. The LMF2000 provides rotary and XYZ integrated motion for circumferential marking, and step and repeat or XYZ marking. The LMF2000 is stationary while it is firing, and it is possible for it to process parts that are stationary or moving on a conveyor. It operates at the wavelength range of 1064 nanometers (plus or minus 5 nanometers). The pump source is the laser diode incorporated in the G3.0 Module.
You indicate that the LMF2000 may be reimported to the US for service and support issues. The units may be upgraded to current production status, or used for demonstration purposes or refurbished. You have not requested a ruling on the applicability of chapter 98, HTSUS, regarding the special classification provisions, nor does your inquiry provide sufficient information for us to issue a ruling on the possible applicability of chapter 98, HTSUS, to the reimportations of the LMF2000 to the US.
This office asked you whether the G3.0 and/or the LMF2000 have been adapted to perform specific functions by the addition of ancillary equipment, meaning work-tables, work-holders, means of feeding and positioning work pieces, means of observing and checking the progress of the operation, etc. In your letter, you responded that any additional equipment is provided by the end user. You also state that the LMF2000 is installed in standalone workstations or on automated lines, which are provided by the end user.
The applicable subheading for the G3.0 Pulsed Fiber Laser Module will be 9013.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lasers, other than laser diodes. The rate of duty will be 3.1 percent ad valorem.
The applicable subheading for the LMF2000 Compact Fiber Laser Marking Machine will be 9013.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lasers, other than laser diodes. The rate of duty will be 3.1 percent ad valorem.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division