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February 3, 1999

CLA-2-90:RR:NC:MM:105 D86343


TARIFF NO.: 9027.80.4530

Mr. David Joyce
Joyce Logistics, Inc.
313 Glen Echo Road
Philadelphia, PA 19119

RE: The tariff classification of 4 Chemical Analyzers from Germany

Dear Mr. Joyce:

In your letter, dated January 6, 1999, for Elementar, you requested a tariff classification ruling.

Regarding the Macro N and Rapid N, the liquids or solids, such as milk or meat, are burned, the nitrogen compounds are reduced to molecular nitrogen, and the concentration is measured with a thermal conductivity detector, which gives out a proportional electric measuring signal.

Regarding the HighToc and the VarioEl, we are not able to rule on their classification. They may use optical radiations to perform significant parts of the analysis. In particular, in the HighToc, “the resulting CO2 is measured each time by an IR (infrared, we assume) detector”, and in the VarioEl, “the adsorption traps are thermally desorbed and the corresponding gases are detected sequentially”, but no details are given on how this “detection” is performed. Also, “the optional IR detector is used to measure oxygen as CO or sulfur as SO2.” You have not clarified whether or not you are excluding the VarioEl with the “optional IR detector” from your ruling request. Further, noting U.S. Note 2 to Chapter 90, it is not clear whether or not the detectors emit an analog electrical current which varies according to the amount of the compound being detected.

After you have gathered the information indicated above, you may resubmit your request by sending it and the HighToc and VarioEl catalogs that we are now returning to you.

The applicable subheading for the Macro N and Rapid N will be 9027.80.4530, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “electrical” apparatus for chemical analysis of solids and liquids, which apparatus does not use optical radiation, chromatography or electrophoresis. The general rate of duty will be free.

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 212-637-7037.


Robert B. Swierupski
National Commodity

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