CLA-2-90:S:N:N1:104 880226

Mr. Henry J.McGonagle
26 Broad Street
Newburyport, MA 01950

RE: The tariff classification of anemometric testers from Czechoslovakia.

Dear Mr. McGonagle:

In your letter dated November 9, 1992 you requested a tariff classification ruling. The Aeromot Anemometric Testers are computer controlled measuring units for research and development of internal combustion engines. The testers allow automatic measuring and computer display imaging of flow within the cylinder during simulated scavenge flow cycles. The 2T1 is used to test two- stroke engines, the 4T1 for four-stroke engines and the 24T1 for two and four stroke engines. The 4V1 performs all the test procedures of the 4T1 plus discreet measuring of the vector field in the cylinder. Components of the testers include the table with a built-in air pressure source and a device for setting the piston position within the cylinder or the position of a valve, the measuring head and positioning device, a device for measuring the volume of air passage and an A/D converter. While the U.S. customer will supply his own computer, specialized software either on a hard disk or a floppy disk will also be imported.

The applicable subheading for the Aeromot Anemometric Testers, except for the software, will be 9031.80.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. The rate of duty will be 4.9 percent.

The applicable subheading for the software, hard disk or floppy disk, will be 8524.90.4080, HTS, which provides for other recorded media for sound or other similarly recorded phenomena. The rate of duty will be 9.7 cents per square meter of recording surface.

Articles classifiable under subheadings 9031.80.0070 and 8524.90.4080, HTS, which are products of Czechoslovakia are entitled to duty free treatment under the Generalized System of Preferences (GSP) 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