CLA-2-98:RR:NC:SP:233 K88970

Mr. Robert C. Levy
MMI Corporation
2950 Wyman Parkway
Baltimore, MD 21211

RE: The tariff classification of the Cubex Portable Planetarium System from Argentina.

Dear Mr. Levy:

In your letter dated August 17, 2004, you requested a tariff classification ruling.

You have submitted literature describing the Cubex Portable Planetarium System which is used for projecting stars and planets within a planetarium in an educational setting. It includes a Cubex Star Projector, hand held constellation projector, inflatable dome with blower and carrying bag, and hard carrying case. The components may be imported/sold together or separately depending on consumer need. You indicate that the equipment is solely for educational purposes and will be marketed for educational institutions.

The applicable subheading for the Cubex Portable Planetarium System will be 9810.00.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles imported for the use of any public library, any other public institution or any nonprofit institution established for educational, scientific, literary or philosophical purposes, or for the encouragement of the fine arts: Patterns and models exclusively for exhibition or educational use at any such institution.” The rate of duty will be free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division