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NY C87658

June 3, 1998

CLA-2-90:RR:NC:MM:105 C87658


TARIFF NO.: 9027.90.8400

Mr. Paul Heiss
IBCC Industries Inc.
3200 S. 3rd Street
Milwaukee, WI 53207

RE: The tariff classification of a steel seal housing from China

Dear Mr. Heiss:

In your letter, dated April 3, 1998, you requested a tariff classification ruling.

Your seal housing, which is basically a cylinder 4 inches long designed to enclose, except for 3 openings, a shaft that is 1.25 inches in diameter and which has bases with 4 holes in them at each end, will firmly hold a seal against a rotating shaft to prevent wood pulp slurry from leaking along the shaft. A disk is attached to the end of the shaft.

As indicated by your literature, the disk is rotated by the shaft it is attached to through a wood pulp slurry. The changing torque needed to rotate it at a given speed is reflected in rotational movement in the motor housing so as to give a measure of the consistency, which is related to viscosity, of the wood pulp slurry. This movement is sensed by air gauging nozzles in pneumatic models and by a load cell in electronic models.

You have presented a catalog page which shows this part to be used in your consistency transmitters. From your information and the sample, it is not likely that your sample or other identical copies of it would be used in other machines. The four holes in each base plate are presumably placed to match the holes in another piece.

It is not relevant to the classification of this item whether it is "identifiable" as a part of an apparatus for measuring viscosity nor whether the "class or kind" to which it belongs is principally used in the USA as parts of apparatus for measuring viscosity.

We disagree with your recommended classification in HTS 8439.99.1000.

The applicable subheading for the disk will be 9027.90.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for the parts of the non-optical, non-electrical (noting the pneumatic version) instruments and apparatus for, inter alia, measuring or checking viscosity, porosity, expansion, surface tension or the like in 9027.80. The rate of duty will be 1.9 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the 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 the ruling, contact National Import Specialist James Sheridan at 212-466-5669.


Robert B.

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