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NY R03592

April 10, 2006

CLA-2-90:RR:NC:N1:105 R03592


TARIFF NO.: 3821.00.000, 9025.80.3500, 9026.20.8000

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

RE: The tariff classification of Apparatus, Agar and Chemicals 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.

Per the Haffmans internet site, the Dew Point Tester DPT has a mirror on which condensation can be seen as soon as it begins to form. At this point, the operator separately reads the temperature to determine the dew point of the gas that is connected to it.

As indicated in Harmonized System Explanatory Note D-2 to HS 9025, a dew point measurement at a given temperature is indicative of the moisture content of the gas.

Per the Haffmans internet site, the Gauge Calibration Device GCD is a high precision dial pressure gauge which will be connected to the same gas source as another pressure gauge or sensor. Since it is assumed to give an accurate pressure measurement, the approximate accuracy of the other is indicated by looking at the differ ence between the results of both.

The Schwartz Differential Agar SDA is a nutrient medium that detects the presence of aerobic bacteria (in the presence of oxygen) and/or anaerobic bacteria (without the presence of oxygen) in beer or yeast slurries.

The applicable subheading for the DPT will be 9025.80.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-“electrical,” non-recording, hygrometers and psychrometers. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the GCD will be 9026.20.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-“electrical” instruments and appliances for measuring or checking pressure. The rate of duty will be free.

The applicable subheading for the SDA will be 3821.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared culture media for development of micro-organisms. The rate of duty will be 5 percent ad valorem.

Regarding the AEPA and the Total Lab Solutions TLS, 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 AEPA,
1) Please supply the chemical name, CAS registry number, and percent by weight of each ingredient making up the calibration standard 2) Will the subject calibration standard be accompanied by a certificate of analysis indicating the values of the certified properties, the methods used to determine these values, the degree of certainty associated with each value, and the certifying authority?

Regarding the TLS, provide a detailed description of each item in the imported “complete laboratory” including the function of each. For each, what is its percent of the total cost?

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 AEPA or the SDA, contact National Import Specialist H. Kuperstein at 646-733-3033. If you have any other questions regarding this letter, contact National Import Specialist J. Sheridan at 646-733-3012.


Robert B. Swierupski

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