CLA-2-90:RR:NC:MM:105 H81201
Mr. Bart McMillan
Baker & McKenzie
One Prudential Plaza
Suite 3500
130 East Randolph Drive
Chicago, IL 60601
RE: The tariff classification of pressure control equipment from Switzerland
Dear Mr. McMillan:
In your letters, dated March 30 and May 14, 2001, for V.A.T., Inc, you requested a tariff classification ruling. You submitted extensive documentation with the first letter, but you did not re-submit it with the second, as instructed.
You state that the V.A.T. 61, 64, and 65 differ only slightly.
You describe them:
“The products at issue are basically comprised of a valve, a controller, and a cable that connects the valve to the controller (hereinafter the “Imported Products”). Working together, these components of the Imported Products are designed to maintain a user-selected pressure level in a processing chamber operating at a reduced pressure. The controller receives an electrical signal from a pressure measurement device attached to the processing chamber. It then compares this signal with a pre-programmed pressure setpoint. Then, if necessary, the controller sends an electrical command to the valve to either open or close the opening in the valve, thus regulating the flow of gas from the chamber to the vacuum pump. In this manner the user can achieve precise control of the pressure in the chamber.”
Your request only concerns shipments in which all three elements are included.
The documentation you submitted on March 30 referred to “plasma ignition” in describing one of the imports. However, you have answered our query about it by replying that no actual ignition (explosion) takes place and that the reference is only to ability of the controller to maintain pressure at the chosen level for heavily ionized gases.
In your March 30 letter, you proposed classification in HTS 9032.89.60. In your May 14 letter, you proposed 9032.20.00. We agree with the later for the reasons you cite.
The applicable subheading for these items will be 9032.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for manostats. The general rate of duty will be 1.7 percent ad valorem.
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 James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division