CLA-2-84:RR:NC:1:104 R00622

Ms. Kerry J. Kiggins
Mettler Toledo, Inc.
60 Collegeview Road
Westerville, OH 43081

RE: The tariff classification of scales from Switzerland

Dear Ms. Kiggins:

In your letter dated July 23, 2004 you requested a tariff classification ruling.

The Mettler Toledo PG-S Standard Level Precision Balances Models PG12001-S, PG12001-SDR, PG3001-S and PG3001-S/A are for use in both laboratory and production processes. The models utilize the Mettler Toledo Monobloc weigh cell technology which effectively protects the balances against hard shocks and spilt samples. All models feature fluorescent display and fully automatic, temperature-controlled internal calibration.

Model # Readability Maximum Capacity Repeatability Linearity Pan (mm)         PG12001-S 0.1 g 12100 g 0.08 g ±0.1 g 240x240  PG12001-SDR (DeltaRange) 0.1/1 g 2400/12100 g 0.08/0.3 g ±0.1/0.5g 240x240  PG3001-S 0.1 g 3100 g 0.08 g ±0.1 g 165x165  PG3001-S/A 0.1 g 3100 g 0.08 g ±0/1 g 240x240   Although the submitted literature refers to these models as “balances”, the models do not possess the sensitivity of the balances classifiable in heading 9016, Harmonized Tariff Schedule of the United States, (HTS), i.e., 5 cg or better.

The applicable subheading for the Mettler Toledo PG-S Standard Level Precision Balances Models PG12001-S, PG12001-SDR, PG3001-S and PG3001-S/A will be 8423.81.0040, HTS, which provides for weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds; parts of weighing machinery: other weighing machinery: having a maximum weighing capacity not exceeding 30 kg … digital electronic type: other. The rate of duty will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division