CLA-2-90:RR:NC:1:105 D83402
Mr. Samuel N. McClure
Central Carolina Shipping, Inc.
P.O. Box 19234,
Charlotte, NC 28219
RE: The tariff classification of an X-ray machine and a Metal
Detector from France
Dear Mr. McClure:
In your letter dated September 17, 1998, you requested a
tariff classification ruling on behalf of N. Schlumberger (USA)
Inc.
Regarding the Thibeau Servo-X, it includes a low amperage X-ray emitter and an X-ray receiver. The fiber mat passes between
the two. The denser the fiber mat is, the weaker is the
electric signal sent out by the receiver. This signal is used by
a microprocessor based controller to send appropriate signals to
vary the feed roll speed so that the fiber weight will meet
specifications. None of the mechanical parts that move the fiber
mat are part of the Servo-X.
Since the import, in operation, will emit, or in the
absence of effective shielding would emit, an electromagnetic
radiation, it is considered an "Electronic Product". See 21 CFR
( the Food and Drug Administration Regulations), Chapter 1,
Subchapter J (Radiological Health), Part 1000 (General). Per
Custom Regulation 12.91-b, you must file with Customs at the port
of entry of any shipments of this import two copies of a
declaration, verified by the importer of record, on FDA Form FD
2877, concerning the import`s compliance with the FDA
requirements. If you need further information concerning the FD
2877 or the FDA requirements, we suggest you contact the FDA,
Center for Devices and Radiological Health, 9200 Corporate
Boulevard, Rockville, MD 20850. As of April of 1998, they can be
telephoned at 301-594-1212.
2
The Thibeau MD Metal Detector & Extracting System consists
of a metal detector, a pipe switch, and a waste chamber, all of
which are connected by a piping system. In operation, both
ferrous and non-ferrous metal particles are detected and removed
without the necessity of stopping the line feed in a fibre
carding machine.
The applicable subheading for the Servo-X will be
9022.19.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other apparatus based on the use of X-rays . The general rate of duty will be .4 percent ad valorem.
The applicable subheading for the Thibeau MD Metal Detector &
Extracting System will be 8543.89.9695, HTS, which provides for
other electrical machines and apparatus, ..., not specified or
included elsewhere in Chapter 85, HTS. The general rate of duty
will be 2.9 percent ad valorem.
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 specifically regarding the
classification of the Thibeau MD, contact National Import
Specialist Dave Curran at 212-466-5680.
If you have any other questions regarding the ruling,
contact National Import Specialist James Sheridan at 212-466-5669.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division