CLA-2-85 90:S:N:N1:112 887089

Ms. Judy Campbell
W.Y. Moberly, Inc.
U.S. Customs Broker
Box 164
Sweetgrass, Montana 59484

RE: The tariff classification of gas monitoring units from Canada.

Dear Ms. Campbell:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : May 31,1993

ON BEHALF OF : B&W Technologies Ltd.

DESCRIPTION OF MERCHANDISE : The self-contained gas monitoring units include the Oxyclip, Toxyclip, Pack Rat, Alarm Rat, and Plant Rat. They are all comprised of a sensor (to measure the parts per million of a gas) and electronics (to determine when the gas goes beyond the designated range. They are used to alert people to a potentially dangerous situation by either sounding an alarm or flashing a light. The Oxyclip and the Toxyclip do not have the ability to give visual readouts of the gas measurements. The Pack Rat, Alarm Rat, and Plant Rat, have the ability to display visual readouts of the gas level measurements, in addition to the audible alarm tone and the flashing lights.

HTS PROVISION : Electric sound or visual signalling apparatus: Burglar or fire alarms and similar apparatus... Other: Other... for the Oxyclip and Toxyclip.

HTS SUBHEADING : 8531.10.0045

RATE OF DUTY : 2.7 percent ad valorem

HTS PROVISION : Gas or smoke analysis apparatus: Electrical... for the Pack Rat, Alarm Rat, and Plant Rat.

HTS SUBHEADING : 9027.10.2000

RATE OF DUTY : 4.9 percent ad valorem

DUTY CONCESSION : Goods classifiable under subheadings 8531.10.0045 and 9027.10.2000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.


Jean F. Maguire
Area Director
New York Seaport