CLA-2-90:OT:RR:NC:N1:405
Robert Harrison
GTS, Inc.
PO Box 799
Shalimar, FL 32579
RE: The tariff classification of a dust monitor from Germany
Dear Mr. Harrison:
In your letter dated August 23, 2017, you requested a tariff classification ruling.
The product at issue, identified as the Dusty, is described as a broken filter bag monitor intended for use in dust collection systems. The Dusty is used to detect leaks and broken filter bags in dust collection systems by monitoring the level of dust particles in flowing air or gas. The Dusty is designed to be placed in a duct or channel of a dust collection system, some distance behind the system’s filter, and utilizes a triboelectric sensor to continuously measure the concentration of dust in the air flow. An excess of dust particles in a duct or channel would indicate that a filter in the dust collection system has failed. The Dusty can be programmed to sound an alert when a pre-selected dust concentration threshold is reached. The threshold can be adjusted by the user based on the particulars of the system into which it is installed. The Dusty is also capable of providing a continuous output of its measurement readings when combined with a converter, sending the readings to a computer or control center.
You suggest classification of the Dusty in heading 9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring the flow, level, pressure, or other variables of liquids or gases. Based on the information provided, the Dusty does not measure variables such as the flow or pressure of a gas, but rather measures the concentration of dust present in the air or gas flowing through a duct. In this respect the product serves a function akin to that of the apparatus for dust analysis in gases described in Harmonized System Explanatory Note 11 to Heading 9027. As a result, the Dusty would be more appropriately classified as an instrument of heading 9027.
The applicable subheading for the Dusty will be 9027.10.2000, HTSUS, which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Gas or smoke analysis apparatus: Electrical. The rate of duty will be 1.2% ad valorem.
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 https://hts.usitc.gov/current.
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 ruling, contact National Import Specialist Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division