November 1, 2006 CBP Bulletin Notice on Certain Airborne Digital Sensors
In the November 1, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin)(Vol. 40, No. 45), CBP published a notice modifying a ruling and revoking a treatment as follows:
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Modification of ruling; revocation of treatment. CBP is modifying one ruling regarding the classification of certain airborne digital sensors. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the modification and revocation are effective for merchandise entered or withdrawn from warehouse for consumption on or after December 31, 2006.
Airborne Digital Sensor Systems. 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 modifying 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.
CBP is classifying 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.
new: 9015.40.4000, duty-free; previous: 9015.40.8000, 3%
(See ITT's Online Archives or 09/06/06 news, 06091940, for BP summary of proposed modification to HQ 967142)
November 1, 2006 CBP Bulletin (Vol. 40, No. 45) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/