CLA-2 CO:R:C:G 084210 KK
TARIFF NO: 9027.10.60;
Joseph F. Accardi, Jr.
President as attorney in fact
JAGRO AIR SERVICES INC.
161-15 Rockaway Blvd., Suite 108
Jamaica, NY 11434
RE: Air sampler instrument used to test air quality.
Dear Mr. Accardi:
Your request of March 13, 1989, for a binding ruling under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), regarding the tariff classification of the Biotest RCS
Centrifugal Air Sampler was referred to this office for a direct
reply to you.
FACTS:
The Centrifugal Air Sampler is a portable, hand-held
instrument for estimating the number of microbial colony forming
units in room air or other environments. The device permits
periodic analysis of air quality for microbial levels in clean
rooms and other sterile environments.
The sampler consists of an impeller assembly housed in a
drum assembly, which is mounted on a power unit housing batteries
and switches. An agar strip containing a culture medium is
inserted into a slot in the open-end drum with the agar surface
facing towards the impeller blades. The air under analysis
enters the impeller drum concentrically and in conical form, is
set in rotation, and then is impacted by centrifugal force onto
the agar strip which contains the culture medium.
After the sample has been taken, the agar strip is removed
from the sampler and then incubated. Microbial colonies can then
be counted in order to determine air quality.
- 2 -
ISSUE:
Whether the subject devices are classifiable in heading
9027, HTSUS, which provides for "[i]nstruments and apparatus for
physical or chemical analysis (for example . . . gas or smoke
analysis apparatus);" or in heading 8521, HTSUS, which provides
for "[c]entrifuges . . . filtering or purifying machinery and
apparatus, for liquids or gases;" or in heading 8479, HTSUS,
which provides for "[m]achines and mechanical appliances having
individual functions, not specified or included elsewhere."
LAW AND ANALYSIS:
Classification under the HTSUSA is governed by the General
Rules of Interpretation (GRI's). GRI 1 states, in part, that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes." The
Explanatory Notes, the official interpretation of the HTSUSA at
the international level, provide a commentary on the scope of
each heading of the Harmonized System, and are thus useful in
ascertaining the tariff classification of merchandise.
Heading 8521, HTSUS, provides, in part, for
"[c]entrifuges." While the RCS Centrifugal Air Sampler employs
centrifugal force to impact air onto a culture medium, it does
not fall within the article description of "[c]entrifuges." As
the descriptive literature for the Biotest RCS Air Sampler states
under the heading "Principal of Operation," the device "works on
the impaction principal."
Also, the Explanatory Notes to heading 8421 at 1180
describe centrifuges and centrifugal dryers as falling into three
categories, none of which include the subject merchandise.
Specifically, said Explanatory Notes provide, in pertinent part,
the following description of covered merchandise:
Most of these machines consist essentially of a perforated
plate, drum, basket or bowl, etc., revolving at great speed
in a stationary collector . . . against the walls of which
the expelled materials are projected by centrifugal force.
In some types the substances of different specific
gravities are collected at different levels by means of a
series inverted separator cones. In other types the solid
ingredients are retained in the perforated drum . . . and
the liquid ingredients expelled.
Whereas the centrifuges described above employ centrifugal force
to project or expell substances away from the center of a circle
in order to achieve separation, the instant merchandise employs
- 3 -
centrifugal force to impell air concentrically and in a conical
form in order to impact said air onto an agar strip.
Accordingly,since the RCS Air Sampler is not a centrifuge, but is
rather an air sampler that employs centrifugal force as a means
to achieve impaction, the same is not classifiable as a
centrifuge in heading 8421, HTSUS.
The article description in heading 8421, HTSUS, for
"filtering and purifying machinery and apparatus, for liquids and
gases," also fails to accurately describe the subject air
sampler. Instructive in this regard is Explanatory Note (II)(B)
to heading 8421 at 1182, which describes "[f]iltering or
purifying machinery, etc., for gases" ae follows:
These gas filters and purifiers are used to separate solid
or liquid particles from gases, either to recover products
of value . . . or to eliminate harmful materials.
While the RCS Air Sampler separates solid particles (i.e.,
microoraganisms) from gases (i.e., air), this separation is not
effected in order to "recover products of value" or to "eliminate
harmful materials." Rather, the separation process is carried
out in order to produce a test sample for the purpose of
analyzing air quality. Accordingly, the air sampler is not
classifiable as "filtering or purifying machinery and apparatus,
for liquids or gases" in heading 8421.
Heading 9027, HTSUS, provides for "[i]nstruments and
apparatus for physical or chemical analysis (for example . . .
gas or smoke analysis apparatus." The "Introduction" in the
descriptive literature for the Biotest RCS Centrifugal Air
Sampler states in pertinent part:
The . . . Sampler is . . . for estimating the number of
microbial colony forming units in room air . . . and
provides necessary information on the effectiveness of
disinfection programs, air treatment systems and other
means of contamination control.
Further, under the heading "Volume Characteristics," the
descriptive literature for the RCS Air Sampler states:
The air which is to be examined enters the instrument head
. . . sampling volume (v) can be determined by point-by-
point measuring . . . and subsequent mathematical
evaluation . . . This sampling volume is a parameter for
calculating the volume of the air that is relevant to
separation of the particles . . . It is possible to
determine the separation volume mathematically.
- 4 -
In essence then, through the enumeration of microbial
colonies and relevant calculations, the air sample permits air
quality analysis. Accordingly, since the RCS Air Sampler is an
instrument for the analysis of air, it is properly classifiable
in heading 9027, HTSUS, as "[i]nstruments and apparatus for
physical or chemical analysis." Insofar as the subject
merchandise is specified in heading 9027, HTSUS, heading 8479,
HTSUS, which provides for "[m]achines . . . not specified or
included elsewhere," is not applicable.
HOLDING:
In view of the foregoing, the Biotest RCS Centrifugal Air
Sampler is properly classifiable in subheading 9027.10.60,
HTSUSA, which provides for "[i]nstruments and apparatus for
physical or chemical analysis (for example . . . gas or smoke
analysis apparatus) . . . [g]as or smoke analysis apparatus . . .
[o]ther . . . [o]ther," dutiable at the rate of 6.2 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division