HQ 952460: Flexible Fibrescope; Pre-Entry Classification Ruling 871850, modified; Subheading 8205.59.80

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 952460

                        October 26, 1992


CLA-2 CO:R:C:M 952460 EJD

CATEGORY:   Classification

TARIFF NO:  9013.80.60   

Stephanie Moody
Traffic Administrator
Gulfstream Aerospace Corporation
P.O. Box 2206
Savannah, Georgia  31402-2206

RE:  Flexible Fibrescope; Pre-Entry Classification Ruling 871850,
     modified; Subheading 8205.59.80

Dear Ms. Moody:

     This is in response to your letter of August 10, 1992 to the
District Rulings Coordinator at Savannah, Georgia, requesting a
modification of Pre-Entry Classification Ruling (PC) 871850,
dated April 21, 1992, concerning the classification of various
aircraft tools, including a flexible fibrescope, part number
ERE2447.

     We have reviewed PC 871850 and have determined that the
flexible fibrescope was incorrectly classified.  The flexible
fibrescope was classified under the provision for other handtools
in subheading 8205.59.80, Harmonized Tariff Schedule of the
United States (HTSUS).  

     The correct classification is as other optical devices,
appliances and instruments under subheading 9013.80.60, HTSUS,
with a rate of duty of 9 percent ad valorem.  The reason for this
classification is because this item is used for internal
inspection of an engine and is not in the nature of a tool of
Chapter 82, HTSUS, but is an optical instrument of Chapter 90,
HTSUS.  See Harmonized Commodity Description and Coding System
Explanatory Notes to Chapter 82 at pages 1101-1102.

     Subheading 9013.80.60, HTSUS, specifically provides for 

     Liquid crystal devices not constituting articles provided
     for more specifically in other headings; lasers, other than
     laser diodes; other optical appliances and instruments, not
     specified or included elsewhere in this chapter; parts and
     accessories thereof...[o]ther devices, appliances and
     instruments...[o]ther.  (Emphasis added.)

     This notice to you should be considered a modification of PC
871850, dated April 21, 1992, under 19 CFR 177.9 (d).  It is not
to be applied retroactively to PC 871850 (19 CFR 177.9(d)(2)) and
will not, therefore, affect past transactions for the importation
of the merchandise under that ruling.  However, for the purposes
of future transactions involving merchandise of this type, PC
871850 will not be valid precedent.

     We recognize that pending transactions may be adversely
affected by this modification, in that current contracts for
importations arriving at a port subsequent to this decision will
be classified pursuant to it.  If such a situation arises, you
may, at your discretion, notify this office and apply for relief
from the binding effects of this decision as may be warranted by
the circumstances.

                                   Sincerely,




                                   John Durant, Director
                                   Commercial Rulings Division