The tariff classification of the WINDCUBE™ lidar remote sensor from France

N072895 September 15, 2009 CLA-2-90:OT:RR:E:NC:4:414 CATEGORY: Classification TARIFF NO.: 9015.80.2000 Ms. Darlene E. DiBernardo Deringer Logistics Consulting Group, A.N. Deringer, Inc. 1 Lincoln Blvd., Suite 225 Rouses Point, NY 12979 RE: The tariff classification of the WINDCUBE™ lidar remote sensor from France Dear Ms. DiBernardo: In your letter dated August 20, 2009, on behalf of NRG Systems Inc., you requested a tariff classification ruling. The WINDCUBE™ lidar (light detection and ranging) remote sensor is designed for use in wind measurement. This is a remote sensor which will be used in site assessment and wind farm performance monitoring. The WINDCUBE™ provides 200 meter (656 feet) vertical wind profiles, mapping wind speed and direction, turbulences and wind shear. The portable system includes ten programmable measurement heights of 40, 50, 60, 70, 80, 90, 100, 120, 150 and 170 meters. It has an automatic data filter for ready-to-use data and a waterproof, dustproof enclosure for all weather conditions. The WINDCUBE™ contains a pulsed laser source. The WINDCUBE™ can be put into operation by placing it into the required location, applying power and connection to a computer. It is leveled into position by adjusting the legs until the tilt and roll indicated by the WINDCUBE™ software is close to zero. The data accumulated is stored on the internal hard disk and can be accessed over a network through an FTP server running on the WINDCUBE™ PC. You have suggested classification under subheading 9015.80.8000, HTSUS, however, subheading 9015.80.2000, HTSUS, is a more specific subheading for the WINDCUBE™ lidar remote sensor. The WINDCUBE™ incorporates optical elements, which are not subsidiary in the operation of the device, noting additional U.S. Note 3 to chapter 90, HTSUS. The applicable subheading for the WINDCUBE™ lidar remote sensor will be 9015.80.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for meteorological instruments and appliances: other optical instruments and appliances. The rate of duty will be 2.8 percent. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 regarding the ruling, contact National Import Specialist Barbara Kiefer at (646) 733-3019. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division