CLA-2-90:S:N:N1:104 895922

Mr. James Alberti
A.J. Arango, Inc.
1516 E. Eighth Avenue
Tampa, FL 33605

RE: The tariff classification of moisture testers from England.

Dear Mr. Alberti:

In your letter dated March 16, 1994 on behalf of Feaster Horticultural Corp. of Ellenton, Florida you requested a tariff classification ruling. The Speedy Moisture Tester is used to test the moisture in soils and aggregates. The literature indicates that the unit is a calcium carbide gas pressure moisture tester in which free moisture in the test material reacts with the calcium carbide reagent to form acetylene gas. This gas, sealed in the Speedy body, registers the percentage of moisture in the sample on the Bourdon type gauge, an integral part of the body. The percentage moisture content is displayed in terms of "wet" or "dry" weight.

The applicable subheading for the Speedy Moisture Tester will be 9027.80.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for physical or chemical analysis: other: other. The rate of duty will be 6.2 percent.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport