Flexible Fibrescope; Pre-Entry Classification Ruling 871850, modified; Subheading 8205.59.80
Issued October 26, 1992 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9013.80.60
Headings: 9013
Product description
Flexible Fibrescope; Pre-Entry Classification Ruling 871850, modified; Subheading 8205.59.80
CBP rationale
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
Full text
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
More rulings on the same tariff codes
Protest 2809-96-101318; Liquid Crystal Devices (LCDs); LCD Displays; Reception Apparatus for Television; Parts of Television; Legal Note 1(m) to Section XVI; Headings 8528, 8529, and 9013; Sharp Microelectronics Technology, Inc. v. United States, 932 F.Supp. 1499, CIT Slip Op. 96-104 (July 1, 1996) HQ 952360
Protest 2809-96-101316; Liquid Crystal Devices (LCDs); LCD Displays; Reception Apparatus for Television; Parts of Television; Legal Note 1(m) to Section XVI; Headings 8528, 8529, and 9013; Sharp Microelectronics Technology, Inc. v. United States, 932 F.Supp. 1499, CIT Slip Op. 96-104 (July 1, 1996) HQ 952360
Liquid Crystal Display (LCD) Indicator Panel for Typewriters; Signaling Apparatus; Headings 8473, 8531, 9013; Legal Note 1(m) to section XVI; EN 85.31; HQs 951868, 951609, 952360, 952973, 954788, 953115, 952502, 951288, and 957435; HQ 952722, modified
High frequency fiber optical amplifier; erbium-doped optical fiber; laser diode; cable television; transmission apparatus; optical instruments and optical appliances; subsidiary; headings 8517, 8525, 8543, 9013; Additional U.S. Note 3 to chapter 90; Legal Note 1(m) to Section XVI; HQs 088628, 088941, 953516, 955114, 955230 and 956919
Protest 1001-94-101774; Liquid Crystal Device for typewriter; LCD; 8473.10.60; parts of typewriters; liquid crystal devices not constituting articles provided for more specifically in other headings; EN 90.13; GRI 3(b); composite good; EN Rule 3(b); GRI 3(a); specificity; HRLs 952360, 955447, 951868, 951609; Note 1(m), Section XVI
Liquid Crystal Diode Display Panels; LCDs; Additional U.S. Note 1(a); principal use; signaling apparatus; units suitable for physical incorporation into ADP machines or units thereof; EN 85.31; HRLs 951288, 954788, 953115, 952502, 951868, 952360, and 952973; LCDs not constituting articles provided for more specifically in other headings
Protest 2809-93-101716; liquid crystal flat panel displays; 8471.92.30; other automatic data processing display units, without cathode-ray tube (CRT), having a visual display diagonal not exceeding 30.5 cm; other liquid crystal devices not constituting articles provided for more specifically in other headings; principal use; physical characteristics; HRL 951288; HRL 951609; HRL 951868; HRL 952246; HRL 952973; HRL 952502; HRL 954638
Clarification of HQ 957163; Unassembled flat-panel display units for laptop computers; GRI 2(a); ADP Output Display; Liquid Crystal Display (LCD); glass sandwich; Printed Circuit Boards (PCBs); flex cable; Integrated Circuit (IC); parts and accessories; HQs 953313, 952973, 952502, 951868, 951609
Unassembled flat-panel display units for laptop computers; GRI 2(a); ADP Output Display; Liquid Crystal Display (LCD); glass sandwich; Printed Circuit Boards (PCBs); flex cable; Integrated Circuit (IC); parts and accessories; HQs 953313, 952973, 952502, 951868, 951609
Hosiden America Corporation; Mobile Telephone Liquid Crystal Display Indicator Panel Modules; LCD; Glass Sandwich; HQs 952973, 954788, 954638, 951069, 951868, 086929, 087362
Searching CBP rulings the smart way
TariffLens semantically searches all 200,000+ CBP rulings, surfaces the ones that actually match your product, and builds defensible classifications backed by ruling citations.
Book a demo →