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NY 895317

March 25, 1994

CLA-2-90:S:N:N1:104 895317


TARIFF NO.: 9027.10.2000

Mr. John Peterson
Neville, Peterson & Williams
80 Broad Street, Suite 3400
New York, New York 10004

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of instruments to detect and monitor fault gases in dielectric oil from Canada.

Dear Mr. Peterson:

In your letter dated February 28, 1994 on behalf of Syprotec, Inc. of Quebec, Canada you requested a ruling on the status of instruments to detect and monitor fault gases dissolved in dielectric oil from Canada under the NAFTA.

The Syprotec Hydran 201R Transformer Incipient Fault Monitor is designed to provide warning of the incipient failure of electronic devices which utilize dielectric oil. Thermal and electrical stresses generated by the operation of these devices break dielectric oil down into a variety of gases. These gases are indicative of developing faults in the electrical apparatus. The monitor reads a composite value of gases generated by most equipment faults and provides an output for data acquisition systems and recorders. The specifications describe the 201R as a continuous, on-line dissolved gas monitor with a sensor unit comprising a gas permeable membrane together with combustible gas detector. The display is a digital LED reading in ppm.

The Syprotec Hydran 103B Transformer Incipient Fault Detector is a portable unit used to analyze the gas content of dielectric oils in transformers and similar oil-filled electrical equipment. It measures the concentration of dissolved combustible gases in small oil samples "on site". The principle of operation is basically the same as the 201R.

You indicate that although the Monitor and Detector will be manufactured in Canada almost entirely of "originating" materials, they may contain some non-originating materials which would be classified as parts of analytical apparatus under HTS subheading 9027.90 and others which are classified under headings other than 9027. These non-originating parts taken collectively would account for far less than 7 percent of the transaction value or the total cost of either unit. You suggest that these monitors and detectors would qualify for NAFTA treatment under the first applicable test in NAFTA Annex 401, as well as by operation of the "de minimis rule".

The applicable tariff provision for the Hydran 201R and the Hydran 103B will be 9027.10.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for gas or smoke analysis apparatus: electrical. The general rate of duty will be 4.9 percent.

The above instruments, being wholly obtained or produced entirely in the territory of Canada (HTSUSA General Note 12(f) De minimis noted), will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

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