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NY 863137

June 3, 1991

CLA-2-84:S:N:N1:102 863137


TARIFF NO.: 8413.19.0000; 9026.10.4000

Mr. Ed Baker
A. N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703

RE: The tariff classification of a wastewater sampler from Germany and a flow monitoring system from Canada

Dear Mr. Baker:

In your letter dated May 6, 1991, on behalf of your client, Geneq Inc., you requested a tariff classification ruling.

The model PSB-90 Wastewater Sampler is a device used to draw up timed samples of water and store them for later analysis. The unit, which is primarily made of plastic, consists of a programmably controllable peristaltic pump, a lead-gel rechargeable 12 volt battery, and a sample collection area. A 25 foot collection hose connects to the pump, which in turn pulls up a pre-determined sample amount, and deposits it into one of 24 one-liter bottles. These bottles are incorporated into a polyethylene housing which forms the bottom half of the sampler. The amount and sampling rate of the pump can be keyed in by the operator via a microprocessor-based controller built into the upper section of the sampler.

The "Flo-Log" flow monitoring system is a microprocessor- based unit which measures bi-directional true velocity and depth in open channels. It is used to measure flow rates in such locations as sewers, irrigation ditches, and industrial discharge ducts. The device consists of an ultrasonic velocity sensor, a stainless steel pressure sensor, and a watertight polyethylene housing which contains the battery and electronic boards. The Flo-Log can be either wired directly into a host computer, or equipped with a modem for data transmission over existing phone lines.

The applicable subheading for the PSB-90 Wastewater Sampler will be 8413.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pumps fitted or designed to be fitted with a measuring device, other. The duty rate will be 3 percent ad valorem.

The Flo-Log Monitoring System will be classifiable under 9026.10.4000, HTS, which provides for instruments and apparatus for measuring or checking the flow of liquids: flow meters, other than "electrical". The rate of duty will be $0.49 each and 7.6 percent ad valorem.

Goods classifiable under subheading 9026.10.4000, HTS, which have originated in the territory of Canada, will be entitled to a 3 percent ad valorem 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

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