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NY A85453





July 26, 1996

CLA-2-90:RR:NC:GI:105 A85453

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.80.8060

Darlene DiBernardo
Livingston International, Inc.
P.O. Box 2925
Champlain, NY 12919

RE: The tariff classification of an olfactometer from Canada

Dear Ms. DiBernardo:

In your letter dated July 3, 1996, you requested a tariff classification ruling on behalf of Tecnovior International, Inc.

The "Tecnodor" is described by the literature as "the high-tech portable olfactometer." It is used to measure the intensity, but not the quality, of an odor. It produces a known intensity reference odor by introducing a standard referencing substance, n-butyl alcohol, into a volume of air. It delivers this known intensity odor to human testers (the jury) who use their noses to sniff it to compare it to the odor being analyzed. The jury reports back to the Tecnodor whether the intensity of the known odor was too high or too low. The Tecnodor produces a new reference odor which is closer in intensity to the odor being tested. This process is repeated until the jury reports that the odors match in intensity. A record of the jury's responses and the intensity of the matching known odor is retained by the Tecnodor.

The applicable subheading for the Tecnodor will be 9027.80.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for physical or chemical analysis, other. The general rate of duty will be 4.6 percent ad valorem.

Articles classifiable under subheading 9027.80.8060 HTS, which are products of Canada, are entitled to a rate of 1.2 percent ad valorem under the North American Free Trade Agreement (NAFTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). It is binding only on the party to whom it is issued and may be relied on only by that party.

A copy of this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Eric Francke at (212) 466-5669.

Sincerely,

Roger J. Silvestri Director National Commodity Specialist Division

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