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NY H88559

March 11, 2002

CLA-2-90:RR:NC:N1:105 H88559


TARIFF NO.: 8526.10.0040; 9026.10.2040; 9026.10.2080; 9031.80.8085

Ms. Wiesia Pujdak
Siemens Canada Limited/Limitee
2185 Derry Road West
Mississauga, Ontario L5N 7A6/ Canada

RE: The tariff classification of 5 quantity measurers from Canada

Dear Ms. Pujdak:

In your letter dated February 6, 2002, for Siemens Canada Limited/Limitee, you requested a tariff classification ruling. Additional information was provided in your Fax dated 3-5-02. No samples were provided.

The Pointek ULS 200 is ultrasonic level measurer used for both liquids and bulk solids. It costs about 620 CAD. It is accurate to 3 millimeters and has a three digit LCD which displays the distance between the sensor face and the material. In addition, it can be set to trip an alarm if a minimum or maximum level is exceeded.

The Mercap 2-Wire Smart Level Measurement for liquids and granulate solids. It costs about 1800 CAD. The measurement error is less than .1 percent of the measurement.

The Open Channel Meter OCM III uses ultrasound to measure liquid flow typically through an open channel such as an irrigation channel. It costs about 1370 CAD. It can record various data at various sampling intervals, most importantly the average flow rate and the daily total of flow. It can be programmed from and send data to a PC.

The Probe is ultrasonic level measurer used for liquids. It costs about 560 CAD. It is accurate to 3 millimeters.

The IQ Radar 160 uses pulse radar technology to provide reliable level measurement in liquids and slurries up to 50 feet. It costs about 1870 CAD. Its accuracy is better than .3 percent.

Several of the devices can measure temperature, but principally as a way of adjusting the accuracy of its primary measurement. All appear to be Electrical as defined by U.S. Note 2 to HTS Chapter 90.

You propose classification in 9026.10.2080 for all five. However, Explanatory Note II to Harmonized System Heading 9026 indicates that devices that measure the level of solid materials are not classified in 9026, but in 9031, except for X-ray devices. HTS 9026.10.2080 does not include flow meters. EN I-A-3 notes that flow meters can use ultrasound. Note 1-h to Chapter 90 excludes the radar apparatus of Heading 85.26.

The applicable subheading for the ULS 200 and the Mercap will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other,” non-optical measuring or checking instruments, appliances and machines. The rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the OCM III will be 9026.10.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” flow meters for liquids. The rate of duty will be free.

The applicable subheading for the Radar 160 will be 8526.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” radar apparatus. The rate of duty will be free.

We agree that the applicable subheading for the Probe will be 9026.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” instruments and apparatus for measuring or checking the level of liquids. The rate of duty will be free.

Since the ULS 200, OCM III, and Probe, in operation, appear to emit ultrasonic vibrations resulting from operation of an electronic circuit, they are considered an "Electronic Product". See 21 CFR (the Food and Drug Administration Regulations), Chapter 1, Subchapter J (Radiological Health), Part 1000 (General). Per Custom Regulation 12.91-b, you must file with Customs at the port of entry of any shipments of this import two copies of a declaration, verified by the importer of record, on FDA Form FD 2877, concerning the import`s compliance with the FDA requirements. If you need further information concerning the FD 2877 or the FDA requirements, we suggest you contact the FDA, Center for Devices and Radiological Health, 9200 Corporate Boulevard, Rockville, MD 20850. As of August of 1998, its Division of Small Manufacturers Assistance can be telephoned at 301-443-6597.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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