CLA-2-:OT:RR:NC:N4:414
RE: The tariff classification of a Diode Pump Solid State Laser from China
Mr. Gary R. Jones
L-3 Communications
1215 South Clark Street
Suite 1002/1004
Arlington, VA 22202
Dear Mr. Jones:
In your letter dated January 18, 2013 you requested a tariff classification ruling.
The item for which you are requesting a ruling is a diode pump solid state laser, model number GDL-8-0200-WTA. It is described as a mini 525 nanometer laser with internal photodiode. The GDL-8-0200-WTA consists of four subassemblies: the laser diode (LD) subassembly, the microchip subassembly, the photodiode (PD) subassembly and the cap subassembly. The specification sheet from the manufacturer in China indicates that the GDL-8-0200-WTA has applications in laser displays, surveying equipment, laser alignment and pointing. L-3 Communication Corporation will incorporate the GDL-8-0200-WTA into a green laser interdiction system (GLIS) by assembling the optics to focus the laser and the drive circuitry that sets the power. The GLIS is a rifle-mounted/hand held device, used by the military, which allows interdiction of potential hostile actions through non-lethal effects called ocular impairment.
You suggested that the GDL-8-0200-WTA diode pump solid state laser could be classified under subheading 9013.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of other optical appliances and instruments. The diode pump solid state laser is not classified under subheading 9013.90.9000, HTSUS, because it is more specifically provided for as a laser, other than a laser diode, in subheading 9013.20.0000, HTSUS, noting Legal Note 2(a) of chapter 90.
The applicable subheading for the diode pump solid state laser, model number GDL-8-0200-WTA, will be 9013.20.0000, HTSUS, which provides for lasers, other than laser diodes. The rate of duty will be 3.1 percent ad valorem.
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,
Thomas J. Russo
Director
National Commodity Specialist Division