HQ 087182: Incremental linear measuring system. Explanatory Note 90.31

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087182

                        September 4, 1990

CLA-2 CO:R:C:G 087182 AJS

CATEGORY: Classification

TARIFF NO.: 9031.80.00

Mr. Norman R. Sutherland
President
Norman R. Sutherland & Associates Inc.
Sunset/Vine Tower
6290 Sunset Blvd
Suite 1126
Los Angeles, CA 90028-8770

RE: Incremental linear measuring system. Explanatory Note 90.31

Dear Mr. Sutherland:

     This ruling is in response to your letter of May 7, 1990,
requesting a tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).

FACTS:

     The article in question is an incremental linear measuring
system (ILMS) which consists of the following components:

     The Codel CA-2045 read-out instrument with built-in printer
which is used for analyzing data relating to the physical
dimensions of steel parts.

     The Codel CC-1000 Incremental Encoder which is the external
probe used to obtain the actual data measurement that is
transmitted by fiber optic cable to the read-out unit.

     The Codel CA-5000 Multiplexer which enables multiple
Incremental Encoders to be coupled together for transmission on a
single RS 232 line.

ISSUE:

     What is the proper classification of the incremental linear
measuring system at issue.

                               -2-

LAW AND ANALYSIS:

     Heading 9031, HTSUSA, provides for "[m]easuring or checking
instruments, appliances and machines, not specified or included
elsewhere in this chapter; profile projectors; parts and
accessories thereof."  The Explanatory Notes to heading 90.31
provide for a wide variety of measuring and checking instruments,
appliances and machines.  The ILMS is used to ascertain the
external and internal dimensions measurements, static and dynamic
measurements, and absolute and comparative measurements of steel
parts.  Accordingly, the ILMS satisfies the description of a
measuring or checking device within the meaning of heading 9031.
More specifically, the ILMS is provided for within subheading
9031.80.00, HTSUSA, as an other measuring or checking instrument,
appliance and machine.

HOLDING:

     The incremental line measuring system at issue is
classifiable within subheading 9031.80.00, HTSUSA, which provides
for other measuring or checking instruments, appliances and
machines dutiable at the rate of 4.9 percent ad valorem.

                                      Sincerely,


                                      John Durant, Director
                                      Commercial Rulings Division