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NY C88718


June 29, 1998

CLA-2-84:RR:NC:1:103 C88718

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Mr. J. Peter Nielsen

Quantech Instruments

#822 - 602 W. Hastings St.

Vancouver, BC V6B 1P2 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an oil sampler from Canada; Article 509

Dear Mr. Nielsen:

In letters dated March 23, 1998 and June 9, 1998 you requested a ruling on the status of an oil sampler from Canada under the NAFTA.

The CS-1 Manual Sampler is used to collect samples from bulk oil containers for subsequent analysis in a laboratory in order to determine the quality of the product. The article basically consists of a housing containing a probe, stainless steel cable and spool, counter indicator, and handle. Initially the unit is mounted onto a two inch standpipe. The handle, which contains a one-way bearing, is used to lower the probe to the desired depth in the tank as indicated on the counter. The oil sample enters the probe through openings as the probe is raised. After the probe has been reeled up, the oil is emptied by means of a valve at the bottom of the probe. The CS-1 can be used to collect zone, average running, R.V.P., and composite samples. It is made of stainless steel, aluminum, and composite plastics, and can be used at depths up to 125 feet.

The applicable tariff provision for the CS-1 Manual Sampler will be 8479.89.9797, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The general rate of duty will be 2.7 percent ad valorem.

According to your most recent letter, all of the components of the CS-1 Manual Sampler are of Canadian or United States origin, and all labor used in its assembly is Canadian. The CS-1 Sampler, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise 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).

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

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 Alan Horowitz at 212-466-5494.

Sincerely,


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