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NY 861164

MAR 13, 1991

CLA-2-90:S:N:N1:114 861164


TARIFF NO.: 9027.50.4015

Mr. David Barrett
Enviro-Tech B.G.F.
2844-3349 Quebec Inc.
770 Mill Street
Montreal, Quebec, Canada H3C 1Y3

RE: The tariff classification of a Total Organic Carbon (TOC) on line analyzer from Canada.

Dear Mr. Barrett:

In your letter dated February 27, 1991 you requested a tariff classification ruling.

The BioTector is an automatic device used to measure the quantity of total organic carbon (TOC) in water. It monitors peak concentrations of TOC's and also total volume over a period of time. The BioTector process works through ozone oxidation of the water sample and measuring of the emission or development of carbon dioxide. The process is done on a continuous basis. The BioTector laboratory consists of three sections. The analysis section is placed in two lockers fitted to a discharge pipe. The computer and the control panel are placed with the operator. The sample collected from the discharge pipe is pumped to the analysis chamber where all organic material is broken down to carbon dioxide. The amount of carbon dioxide is measured by an IR detector and the result is sent to the computer.

The applicable subheading for the BioTector will be 9027.50.4015 Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments for physical or chemical analysis using optical radiations (ultraviolet, visible, infrared). The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheading 9027.50.4015 HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percent 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.


Jean F. Maguire
Area Director
New York Seaport

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