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NY 870844

February 7, 1992

CLA-2-90:S:N:N1:104 870844


TARIFF NO.: 9027.80.4030

Mr. William C. Cairns
Upton Industries
401 Thrush Drive
Gilbertsville, PA 19525-9252

RE: The tariff classification of a Milk Checker from Japan.

Dear Mr. Cairns:

In your letter dated January 20, 1992, you requested a tariff classification ruling.

The Milk Checker is used for the early detection of mastitis in cows. Such disorders are accompanied by changes in the concentration of electrolytes such as sodium and chlorine contained in the milk due to exudation of plasma constituents. A rise in sodium and chlorine content results in an increase in the electrical conductivity of the milk. The Milk Checker is a portable instrument (weight: 200g) featuring a 3 digit display and a built-in sampling cup and electrode. In operation, drops of milk are placed onto the electrode in the cup and a digital display of the electrical conductivity of the milk sample appears at the press of a button.

The applicable subheading for the Milk Checker 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 rate of duty will be 4.9 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.50, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, the Milk Checker would be classifiable in subheading 9817.00.50, HTS, and would be free of duty.

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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