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NY 849896

March 14, 1990

CLA-2-90:S:N:N1:104 849896


TARIFF NO.: 9027.80.4060

Mr. Ted Christie
Precision Scientific Inc.
3737 W. Cortland Street
Chicago, IL 60647

RE: The tariff classification of flash tester instruments from Japan.

Dear Mr. Christie:

In your letter dated February 16, 1990, you requested a tariff classification ruling.

The automatic flash tester instruments are used to determine the lowest temperature at which application of a test flame causes the vapor above a specimen to ignite under specified conditions of test. The flash point measures the tendency of the sample to form a flammable mixture with air under controlled laboratory conditions. Information derived from this test is used by manufacturers of volatile materials (e.g. fuel oils) to determine proper packaging, labeling and transportation means.

The automatic Pensky-Martens Flash Tester, Model APM-5, is a closed cup tester. The sample is heated at a slow, constant rate with continual stirring. A small flame is directed into the cup at regular intervals with the simultaneous interruption of stirring in order to determine the flash point. This unit is used to determine the flash point of fuel oils, lube oils, suspensions of solids, liquids that tend to form a surface film under test conditions and other liquids.

The automatic Cleveland Flash Tester, Model ACO-4, is an open cup tester. After the cup is filled with the sample, the temperature of the sample is increased rapidly at first and then at a slow constant rate as the flash point is approached. A small test flame is passed across the cup at specified intervals in order to determine flash point. This unit is used to determine the flash point of all petroleum products except fuel oils and those having an open cup flash below 175 degrees F (79 degrees C).

The automatic Tag Flash Tester, Model ATG-4, is a hermetically closed cup tester. After the sample is placed in the tester's cup, the lid is closed and the sample is heated at a slow constant rate. A small flame of specified size is directed into the cup at regular intervals in order to determine flash point. This unit is used to determine the flash point of liquids with a viscosity of below 5.5 centistokes at 104 degrees F (40 degrees C), or below 9.5 centistokes at 77 degrees F (25 degrees C), and a flash point below 200 degrees F (93 degrees C) except cut-back asphalts, those liquids which tend to form a surface film under test conditions and materials which contain suspended solids.

All three models use a platinum resistance probe as a temperature sensor. When the flash is detected, a buzzer sounds to inform flash point. Each tester is imported and sold as a set of two pieces - a control unit and a test unit.

The applicable subheading for the automatic flash testers (models APM-5, ACO-4 and ATG-4) will be 9027.80.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical instruments for physical analysis. The duty rate will be 4.9%.

Your inquiry does not provide enough information for us to give a classification ruling on your submitted list of forty- eight supporting spare parts. Your request for a classification ruling should include a full and complete description of each article (e.g. material of composition, voltage and horsepower). You must limit the number of items for which you seek a classification ruling to no more than five items per ruling request.

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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