The tariff classification of a Condition Monitoring System for Wind Turbines from Germany

N244851 August 30, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Karl F. Kreuger Radix Group International dba DHL Global Forwarding 2660 20th Street Port Huron, MI 48060 RE: The tariff classification of a Condition Monitoring System for Wind Turbines from Germany Dear Mr. Kreuger: In your letter dated July 18, 2013, for Bachmann Monitoring GmbH, you requested a tariff classification ruling. No samples were provided. In your letter, you indicate that the Condition Monitoring System (CMS) “sensing system” for a wind turbine includes specifically at least four types of measuring devices, three of which are accelerometers. Your attachments indicate that multiple accelerometers described will be used in a typical set up. The attachments indicate that the CMS is primarily providing measurement data regarding oscillation, shock and vibration, which are common uses for accelerometers. The CMS includes ancillary equipment such as cables and a backplane interface, but it does not include the software, monitors, modems, etc. needed to analyze the output of the measuring devices. Harmonized System Explanatory Note I-A to 9031 includes, “(18) Apparatus for measuring or detecting vibrations, expansion, shock or jarring, used on machines, bridges, dams, etc.” (Bold in original.) The applicable subheading for the CMS will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other”, non-optical, measuring or checking instruments, appliances and machines, not included elsewhere in Chapter 90. The rate of duty will be 1.7 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 J. Sheridan at (646) 733-3012. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division