September 6, 2006 CBP Bulletin Notice on Certain Airborne Digital Sensor Systems
In the September 6, 2006 issue of the U.S. Customs and Border Protection Bulletin(CBP Bulletin) (Vol. 40, No. 37), CBP has published a notice which proposes to modify a ruling and revoke treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment. CBP is proposing to modify one ruling on the classification of certain airborne digital sensor systems. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling modification, or any party involved with a substantially identical transaction, should advise CBP by October 6, 2006, the date that written comments on the proposed ruling modification are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Airborne Digital Sensor Systems. CBP is proposing to modify HQ 967142 in order to correctly classify the subject airborne digital sensor system under 9015.40.4000 (duty-free) as surveying instruments and appliances, photogrammetrical, electrical, rather than under 9015.40.8000 (3%) as surveying instruments and appliances, photogrammetrical, other.
The product at issue is the Leica ADS40, an airborne digital sensor system designed for aerial surveying and mapping applications. It is described as consisting of: a SH40 Sensor Housing which contains linear arrays consisting of rows of charge coupled devices (CCDs); a lens (DO64 Digital Optics); and a CU40 Control Unit - the personal computer running the operating system, and has a fiber optic link to the SH40, and includes a Position and Orientation System (POS), and a Global Positioning System (GPS), among other things.
CBP is proposing to classify this item as an electrical instrument or appliance within the meaning of Additional U.S. Note 2 to HTS Chapter 90, as exposure to light causes the CCDs housed in the ADS40 to generate an electric impulse for the creation of images, and because the electric impulse generated varies according to the intensity of the light source.
CBP states that the Leica ADS40 digital sensor is correctly classified in heading 9015, as a surveying instrument or appliance, and is specifically provided for in subheading 9015.40.4000, as a surveying instrument or appliance, photogrammetrical, electrical.
proposed: 9015.40.4000, duty-free; current: 9015.40.8000, 3%
September 6, 2006 CBP Bulletin (Vol. 40, No. 37) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_09062006_no37/