NY G82699 October 10, 2000 CLA-2-85:RR:NC:1:108 G82699
CATEGORY: Classification
TARIFF NO.: 8529.10.9000, 9810.00.6000
Mr. Paul Vroman
AEI Customs Brokerage Services
2555 20thSt. Port Huron, Michigan 48060
RE: Thetariff classification of a radio telescope antenna and its applicability underHTS provision 9810 from Germany and Italy.
Dear Mr. Vroman:
In your letter dated September 26, 2000, on behalf of the North American RadioAstronomy Observatory, you requested a tariff classification ruling.
The items in question are two antennas for a radio telescope. They are to be incorporated within the “Atacama Large Millimeter Array” radio telescope. Both antennas are composed of:
-12m diameter primary reflector with support legs.
-Secondary reflector and its servo-controlled positioning platform.
-Receiver cabin and its HVAC system. This does not include any computers orreceiving equipment.
-Meteorology instrumentation.
-Power distribution cabling.
-Platform for mounting auxiliary equipment.
-Alt/az mount with drive systems and the controllers.
Thegoods are being imported by the National Radio Astronomy Observatory, which isoperated by Associated Universities, Inc. The AUI is a non-profit corporation established for scientific andeducational purposes. The antenna willbe incorporated into the telescope whose primary components are of UnitedStates origin. Upon completion theNational Radio Astronomy Observatory will export the entire telescope to Chilefor operation.
Theapplicable subheading for the radio telescope antenna will be 8529.10.9000,Harmonized Tariff Schedule of the United States (HTS), which provides for Partssuitable for use solely or principally with the apparatus of headings 8525 to8528: Antennas and antenna reflectors of all kinds; parts suitable for usetherein: Other: Other. The rate of dutywill be 3 percent ad valorem.
RegardingHTS 9810.00.6000, the Department of Commerce, not the United States CustomsService makes the final decision concerning its applicability.
Sincethe HTS 1-97 chapter classification for this item is within the ranges listedin U.S. Note 6a to subchapter 10 to HTS chapter 98, you should followprocedures in U.S. Note 1 and 6b-e of that subchapter and in Customs Directive099 3550-073, dated April 15, 1998. Youmust first complete ITA (International Trade Administration) form 338P. Upon completion it must be presented to theSpecial Classification and Marking Branch of U.S. Customs for their receipt,review and if appropriate, forwarding to the Department of Commerce.
TheSpecial Classification and Marking Branch is located at 1300 PennsylvaniaAvenue, NW; Room 3.5-A; Washington, DC 20229. The telephone number is 202-927-2310. It is suggested that you contact them directly if you have any questionsconcerning the ITA form 338P or your presentation of such at the time offiling.
Thisruling is being issued under the provisions of Part 177 of the CustomsRegulations (19 C.F.R. 177).
A copy of the ruling or thecontrol number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, contact National ImportSpecialist Michael Contino or James Sheridan at 212-637-7039 or 7037.
Sincerely,
RobertB. Swierupski
Director,
NationalCommodity
SpecialistDivision
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