CLA-2-90:S:N:N1:102 854196

Ms. Lorrie Stark
Control Microsystems Inc.
2049 Cohen Street
St. Laurent, Quebec, Canada H4R 9Z7

RE: The tariff classification of the TeleSAFE and TeleSAFE VS/2 monitoring and control unit from Canada

Dear Ms. Stark:

In your letter dated July 5, 1990 you requested a tariff classification ruling.

The literature you submitted with your inquiry describes two electronic controlling and/or monitoring systems, model names TeleSAFE and TeleSAFE VS/2, which you intend to import into the United States. The TeleSAFE VS/2 is a low cost data acquisition and alarm unit which accepts two analog sensory inputs and one discrete (pulse) input. It is used to monitor and report on any of a wide range of measurable factors, such as temperature, flow rate, pressure, corrosion level, event frequency, etc. The unit has a self-contained 300 baud modem for communication and downloading of information to a remote supervisory computer.

The TeleSAFE remote control and measurement unit is a small process control computer with multiple analog and digital inputs and outputs. It also contains a telecommunications modem for connection to the host computer. The TeleSAFE unit was designed primarily for remote, unmanned facilities where various conditions or processes had to be monitored and controlled, such as climate control in greenhouses, or oil level in a tank farm. The unit is capable of electronically activating pumps, valves, and other such devices, in order to bring a measured variable back to its set point.

The applicable subheading for the TeleSAFE VS/2 remote monitoring unit will be 9031.80.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not included elsewhere in Chapter 90 of the HTS. The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the TeleSAFE remote control and measurement unit will be 9032.89.6075, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic regulating or controlling instruments and apparatus, other, process control. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheadings 9031.80.0080 and 9032.89.6075, HTS, which have originated in the territory of Canada, will be entitled to a 3.9 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport