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NY R03599

April 7, 2006

CLA-2-90:RR:NC:N1:105 R03599


TARIFF NO.: 9031.49.9000, 9031.80.8085

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

RE: The tariff classification of Monitors, Meters, and Chemicals from the Netherlands

Dear Schreiber:

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

The Bottle Monitor BTM and the Keg Monitor KEG evaluate the performance of a bottle or keg washer by gathering at various times temperature, conductivity, pressure, etc information as they pass through the washer. This is essentially to check that the washer will meet the necessary standards of cleanliness when it cleans the production bottles or kegs prior to their being filled.

The turbidity meters, article numbers VOS ROTA 90/25 and VOS ROTA 90 are used to measure turbidity of beer. According to the information we obtained from the Sudmo website, turbidity of beer is an important quality parameter which affects the shelf life of the product and its acceptance by the consumer. The VOS ROTA 90/25 and the VOS ROTA 90 laboratory turbidity meters use the recommendations from MEBAK, a quality control organization for the beer industry.

In operation, the VOS ROTA 90/25 uses a red light source or a white light source operating at wavelength of 650 (plus or minus 30) nanometers. Scattered light caused by haze particles in the beer is measured at 90 degree and 25 degree angles. Smaller particles such as proteins mainly cause scattered light under 90 degrees. Larger particles such as yeasts mainly cause forward scattered light. The VOS ROTA 90 operates in a similar manner to the VOS ROTA 90/25; however, the VOS ROTA 90 measures the scattered light only under 90 degrees. The turbidity measurements are displayed on the meter’s LCD screen.

The applicable subheading for the BTM and KEG 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.

The applicable subheading for the turbidity meters, article numbers VOS ROTA 90/25 and VOS ROTA 90, will be 9031.49.9000, Harmonized Tariff Schedule of the Untied States (HTSUS), which provides for other measuring or checking instruments, appliances and machines; other optical instruments and appliances: other. The rate of duty will be 3.5 percent ad valorem.

Regarding the Formazin, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling. 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?

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 Formazin as a calibration standard, contact National Import Specialist H. Kuperstein at 646-733-3033. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.


Robert B. Swierupski

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