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NY R03596

April 7, 2006

CLA-2-90:RR:NC:N1:105 R03596


TARIFF NO.: 9027.10.2000, 9031.80.8085

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

RE: The tariff classification of Meters and Monitors 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 regom.cz internet site, the Carbo-Zirox O2 Monitor (ZIR) has an electrical output from the gas measuring element. It is specially designed to measure O2 concentrations in CO2 and N2 gas in a wide range of applications.

Per the Haffmans internet site, in the Foam Stability Testers NIBEM-T and NIBEM-THP, the falling of the head of the beer is measured via electrodes that have been projected down into it.

The applicable subheading for the ZIR 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 NIBEM-T and NIBEM-THP will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other”, non-“optical” measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent ad valorem.

Regarding the NIBEM Cling Meter NIBEM-CLM, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

Explain in detail how “measuring the ratio of the area covered with beer foam” is performed. In particular, does this require the use of any optical elements? If so, explain what they are and what their function is.

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 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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