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April 19, 1999

CLA-2-90:RR:NC:MM:105 D89720


TARIFF NO.: 9024.80.0000

Mr. Michael G. Hodes
Hodes Keating & Pilon
33 North Dearborn Street, Suite 2204
Chicago, IL 60602-3109

RE: The tariff classification of “Test Bench” for tubes and hoses, from Sweden

Dear : Mr. Hodes:

In your letter, dated March 19, 1999, for Finn-Power U.S.A., Inc., you requested a tariff classification ruling.

The MaxiTest 2000 Test Bench is used to test hoses and tubes. The article(s) are filled with a water and oil mixture, pressurized to a minimum of the very high pressure of 100 bars (about 100 atmospheres) to a maximum of the extremely high pressure of 2,000 bars (about 2,000 atmospheres). The device automatically measures the fluid that leaks out at these elevated pressures (presumably as the material begins to rupture locally) and the pressure at which the article bursts open.

The device is surrounded by a sturdy enclosure, at minimum, to protect any objects or people nearby when the article bursts. It has an output connection for a printer to record the facts and identifiers of the testing.

Explanatory Note III to 90.24 includes bursting strength testers for paper as an example. Bursting testers are also widely used to test textiles. We note that the definition of “Bursting Tester” in the Sixth Edition of Fairchild`s Dictionary of Textiles describes a device with the same purpose and general method of operation as this one.

The resistance of the article to bursting will be determined primarily by the strength and thickness of the material it is made of.

You propose classification in HTS 9031.20. However, Exclusion f to its EN excludes the appliances of 90.24, and, as you acknowledge, this device is not testing one of the exemplars in 9031 EN I-A-2 (Test Benches).

The applicable subheading for this item will be 9024.80.000, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and appliances for testing the mechanical properties of, inter alia, textiles, paper, and plastics. The general rate of duty will be 1.7 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 212-637-7037.


Robert B. Swierupski
National Commodity

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