CLA-2-90:S:N:N1:104 887780

Ms. Judy Cambell
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484

RE: The tariff classification of gas monitoring units from Canada.

Dear Ms. Cambell:

In your letter dated June 22, 1993 on behalf of B&W Technologies Ltd. of Calgary, Alberta, Canada you requested a tariff classification ruling.

The gas monitoring units include the Shack Rat, Rig Rat and Sea Rat. All of these models are comprised of gas specific electrochemical sensor(s) to measure the parts per million (ppm) of a gas and electronics to determine when the gas goes beyond a predetermined range. They are used to alert people to a potentially dangerous situation by either sounding an alarm or flashing a light in addition to displaying the gas ppm level.

The Shack Rat is an intrinsically safe, compact, self-contained gas monitoring system. The Rig Rat is a wireless, multipoint monitoring system. Its detector acts as a controller and can be equipped with one or two sensors. It is linked by radio to a central controller up to 4 miles away. The Sea Rat is identical to the Rig Rat except for its stainless steel enclosure to prevent rusting.

The applicable subheading for the Shack Rat, Rig Rat and Sea Rat will be 9027.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for gas or smoke analysis apparatus: electrical. The duty rate will be 4.9 percent.

Goods classifiable under subheading 9027.10.2000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport