CLA-2-90:S:N:N1:114 854863

Mr. David Gross
Analytical Technologies, Inc.
11 Holt Street
Westfield, New York 14787

RE: The tariff classification of the DaiLab Ir-2000 Milk and Dairy Products Analyzer, from Finland

Dear Mr. Gross:

In your letter dated July 17, 1990, you requested a tariff classification ruling. The DaiLab IR-2000 milk and dairy products analyzer is an infrared laboratory instrument used to test milk and other dairy products for fat, protein, and carbohydrate (lactose). It will be used by milk processors, cheese plants, ice cream plants, and others who test dairy products.

In operation, a warmed sample of milk is placed in the instrument. The sample is homogenized and then flows into a cuvette. The sample forms a thin film in the cuvette. An infrared light source is focused through the film of milk and an infrared sensor detects the amount of infrared light passing through the sample film. The fat, protein, and lactose absorb some of the infrared light. The difference between the amount of infrared energy sent and received is translated electronically by the instrument into a percentage of fat, protein, and lactose present in the sample. The DaiLab IR-2000 utilizes infrared wavelength sensors, rather than infrared wavelength filters.

The applicable subheading for the DaiLab IR-2000 will be 9027.50.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus using optical radiations (ultraviolet, visible, infrared); electrical; other chemical analysis instruments and apparatus. The rate of duty will be 4.9 percent ad valorem.

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