The tariff classification of short range spatial measurement devices from an unknown country

N237070 February 6, 2013 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.7580 Mike Allocca Allocca Enterprises, Inc. 356 Cameron Road York, SC 29746 RE: The tariff classification of short range spatial measurement devices from an unknown country Dear Mr. Allocca: In your letters dated October 1, 2012 and December 13, 2012, the latter received here January 8, 2013, on behalf of Ascension Technology, you requested a tariff classification ruling. No samples were provided. Per the attached description from Ascension Technology: “Three components compose each device: (1.) A sensor(s) that measures its position (X, Y, Z) and orientation (Yaw, Pitch, Roll) relative to (2.) a transmitter or generator of magnetic fields, and (3.) an electronic unit that processes sensed signals, computes measurements, and outputs data to a host computer.” These items, driveBay and trakStar, are similar to the “medical trackers” whose importation of parts thereof are discussed in New York Ruling Letter N012128 – 105, mailed to Ascension Technology on June 27, 2007. From the information you have supplied and our review of information on the internet, we believe that, currently, the chief use in the United States of the class or kind to which both items belong is in the Medical Sciences of HTSUS heading 9018 and that, when so used, they are directly involved in providing the required medical services by the medical personnel. Since your letter and attachments recognize that they have other uses, that factual determination would not necessarily be the same regarding their chief use in other countries or their chief use in the United States at a future date. The applicable subheading for the driveBay and trakStar will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Electro-medical instruments and appliances and parts and accessories thereof. The rate of duty will be free. 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 J. Sheridan at (646) 733-3012. Sincerely, Thomas J. Russo Director National Commodity Specialist Division