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NY J80293




February 25, 2003

CLA-2-90:RR:NC:N1:105 J80293

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.20.4000, 9032.89.6085, 9032.10.0090, 8536.10.0000

Ms. Shelley Vybiral
Snap-Tite Inc.
8325 Hessinger Dr.
Erie, PA 16509

RE: The tariff classification of Models PT, DPI, MSC, MTCP-MZC and fuses

Dear Ms. Vybiral:

In your letter dated January 20, 2003, you requested a tariff classification ruling. No samples were submitted.

The first item is a pressure transducer, model PT. Each is temperature compensated and can be purchased to cover one of 16 pressure ranges, the lowest being from 0 to 250 psi, and the highest 0 to 100,000 psi. It sends out an electrical signal whose strength varies very accurately with the psi’s it encounters. We assume that a simple galvanometer, properly calibrated an attached to the output would display accurately the psi.

The DPI, Pressure Indicator and Transducer, model DPI, displays the pressure encounter in psi or other units in 5 digits, with 99,999 being the highest possible display and 0 the lowest. Its displayed measurement is accurate to at least 0.35%. It can also display the highest and lowest pressure encountered since the last time it was set. It can also be set to send an alarm signal when a high and/or low pressure, input by the user, is encountered.

The MSC, modular speed controller, digitally displays, in five digits, the rpm of the shaft which the speed pickup is mounted on. A speed set point is chosen by the user and is input either directly or remotely. The electrical output of the MSC will give the instructions to cause the motor producing the rpm’s in the shaft to increase or decrease the speed of the shaft until the desired speed is reached and maintained. The thus meet the conditions of Note 7 to HTS Chapter 90.

The MTCP, modular process and furnace controller, plus its “slave,” the MZC, together measure (usually via two type K thermocouples) and display the temperature of furnace and the process and the user selected temperature set point for the process, i.e., the temperature inside the vessel. The only inputs from measuring devices are from the two thermocouples. There is an input for a simple shutdown signal from an independent source. The signals to the electric furnace are primarily to increase or decrease its output so that the temperature inside the vessel will remain at set point.

You also asked about the classification of about a dozen “accessories” for one or other of the Modular Temperature Control Series apparatus. From your statements, we take them to be items made specifically for those apparatus following specifications supplied by you. You ask, “Can these all be classified as parts/accessories of above?” No they cannot, assuming you are planning to import them separately from the apparatus. Several will clearly be excluded from Chapter 90 by either its Note 1 or from the heading for the apparatus by Chapter 90 Note 2-a.

Regarding specifically the fuses, imported separately, they are classifiable as indicated below.

Regarding the balance, imported separately, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of the items(s).

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function.

Specifically regarding the various wiring/cable With respect to the wiring, your request for a classification ruling should include information as to whether there are any plugs/connectors at the ends of the wiring. If not, please indicate whether the wiring is of copper. b. Please provide information as to the construction of the item identified as communication cable. Specifically, is it comprised of a pair, a quad, or a cable core covered with a sheath?

Please limit your ruling request to a maximum of 5 items of the same class or kind.

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of your request regarding the “accessories,” other than fuses. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for the PT and the DPI will be 9026.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” instruments and apparatus for measuring or checking pressure.

The applicable subheading for the MSC will be 9032.89.6085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” automatic regulating or controlling instruments.

The applicable subheading for the MTCP-MZC will be 9032.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” thermostats.

The applicable subheading for the fuses will be 8536.10.00, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical fuses.

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

If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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