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NY 859803


FEB 01, 1991

CLA-2-90:S:N:N1:104 859803

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.80.4030

Mr. Arden Brown
PBB USA Inc.
P.O. Box 1589
Blaine, Washington 98230

RE: The tariff classification of an oil/water analyzer from Canada.

Dear Mr. Brown:

In your letter dated January 16, 1991 on behalf of Delta C Technologies of Enderby, B.C., Canada you requested a tariff classification ruling.

The DC-1000 Oil/Water Analyzer is designed to measure the water content in oil and other hydrocarbon liquids. It basically consists of a capacitance probe and an electronics unit (microprocessor and memory). The DC-1000's principle of operation is as follows: The area and distance of the capacitor plates are fixed. Increasing the water content of the sampled hydrocarbon liquid increases the dielectric coefficient, and a higher capacitance is measured. The variance in capacitance causes a variation in oscillator frequency representing a value of the water content of the sample fluid.

The applicable subheading for the DC-1000 Oil/Water Analyzer will be 9027.80.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical instruments and apparatus for physical or chemical analysis. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheading 9027.80.4030, HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percemt rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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