CLA-2-85:OT:RR:NC:N1:112
Ram J. Arvikar
Director Global Quality & Compliance
Vectron International
267 Lowell Road
Hudson, NH 03051
RE: The tariff classification of Rubidium Oscillators from Israel
Dear Mr. Arvikar:
In your letter dated December 6, 2014 you requested a tariff classification ruling.
The merchandise in question are referred to as Rubidium Oscillators, which are time frequency generators used in a variety of applications, most commonly in conjunction with telecommunications, radio and television transmission, and test equipment. You have submitted four models of Rubidium Oscillators for consideration: the AR-133, AR51-07, AR51-09 and the AR-76, and propose a classification of 8543.70, Harmonized Tariff Schedule of the United States (HTSUS). Each of the Rubidium Oscillators are physically different, however they all share the common characteristic of providing a precision timing signal, and each may be used in a number of different applications in accordance with the user’s needs.
In a previous request you asked for a classification ruling for similar timing devices. In NY N136335, U.S. Customs and Border Protection (CBP) reviewed crystal oscillators and found that they were used exclusively in telecommunication applications. Thus, in NY N136335, CBP determined that the “crystal clock oscillator on a printed circuit board assembly” was properly classified in 8517.62.0050, HTSUS, which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus.
In contrast to the devices in NY N136335, you state the Rubidium Oscillators currently under review are general purpose devices that can be used in a variety of applications where a precise timing source is needed. As an example, you suggest each of these units can be used with wired and wireless communication equipment, precision test and measurement equipment, instrument calibration, etc. After a review of the supplied technical datasheets, we agree that the Rubidium Oscillators are capable of being used in a variety of applications and that heading 8517 is not appropriate.
As such, we find that the applicable subheading for the Rubidium Oscillators (models AR-133, AR51-07, AR51-09 and the AR-76) will be 8543.70.9650, HTSUS, which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The general rate of duty will be 2.6 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 Karl Moosbrugger at [email protected].
Sincerely,
Gwenn Klein Kirschner,
Director
National Commodity Specialist Division