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NY R03591

April 7, 2006

CLA-2-90:RR:NC:N1:105 R03591


TARIFF NO.: 9027.10.2000, 9027.80.4560

Ms. Senta Schreiber
BDG International Inc.
840 Tollgate Road
Elgin, IL 60123

RE: The tariff classification of various apparatus from the Netherlands

Dear Ms. Schreiber:

In your letter dated March 29, 2006, for Sudmo North America, you requested a tariff classification ruling. No sample was submitted.

The In-Line CO2/O2 Measurement c-AGM and In-Line CO2 Measurement AGM measure the dissolved levels of those gases in beverages passing through the piping that goes through them. The reading is displayed on its screen.

The Plato Monitor PLM measures the specific gravity of liquids. Plato monitors normally employ electrical-ultrasound transducers in their method of measurement.

The applicable subheading for the c-AGM and AGM will be 9027.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “electrical” gas or smoke analysis apparatus. The rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the PLM will be 9027.80.4560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other,” “electrical” physical analysis instruments and apparatus. The rate of duty will be free.

Regarding the Econ-Solutions, ECON, and the Carbo-Blender, CBR, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

Regarding the ECON, explain what each component in the imported “low-cost customized solutions” does and how it does it. Also, what is the approximate percent of the total cost for each component?

Regarding the CBR, is it production equipment? What is its approximate size and weight? Since the CO2 and O2 measurements are “optional,” we will assume your imports have neither unless you explain to the contrary.

Please limit your ruling request to a maximum of 5 items of the same class or kind. Note that we do not consider the CBR to be in the same class or kind as the other items in your submission.

If you decide to resubmit your request, please include all of the material that we have returned to you regarding the ECON and the CBR and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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