Mr. Sheldon Button
PT Papertech Inc.
4850 The Dale
West Vancouver, B.C. Canada V7W 1K3
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of Papertech's Optec
Sensor from Canada; Article 509
Dear Mr. Button:
In your letter dated August 21, 1995 you requested a ruling
on the status of Optec Sensor from Canada under the NAFTA.
The Optec Sensor is used in dairy plants to measure the
plant's product losses and environmental loading. The sensor is
installed in-line and uses visible light which is directly
focused into the product flow (milk and creams). The sensor
measures the scatter intensity of the light, which is based on
the whiteness or color of the milk or cream. The whiteness or
color is dependent on the ratio of water to the product milk or
creams). The sensor measures the product-water ratio during
The applicable tariff provision for the Optec Sensor will be
9027.50.4050, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), 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
quantities of heat, sound or light (including exposure meters):
other instruments and apparatus using optical radiations
(ultraviolet, visible, infrared): electrical: other. The general
rate of duty will be 4.3 percent ad valorem.
Your letter states that the Optec Sensor is manufactured in
Canada from components that are manufactured in either USA or
Canada. The Optec Sensor, being made entirely in the territory
of Canada and the USA, using materials which themselves were
originating, will satisfy the requirements of HTSUSA General Note
12(b)(iii). The merchandise will therefore be entitled to a free
rate of duty under the NAFTA upon compliance with all applicable
laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). This ruling letter
is binding only as to the party to whom it is issued and may be
relied on only by that party.
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 Barbara
Kiefer at 21-466-5685.
Roger J. Silvestri