CLA-2-90:RR:NC:N1:105 J86150

Mr. Alan Beard II
5252 E. 36th Street N
Wichita, KS 67220

RE: The tariff classification of fluid meters

Dear Mr. Beard:

In your letter dated June 9, 2003, you requested a tariff classification ruling.

From the information you supplied, we understand each GPI 09 meter will include a turbine, a transmitter, and a sensor. You indicate that the standard factory configuration will include a display of both a flowrate in units/minute and two totals (in gallons or liters), one resettable and one non-resettable

You believe that HTS 9026 or 9028 will apply.

Since the Heading for 9026 excludes the items of 9028, and the heading for 9028 does not exclude the items of 9026, we believe that 9028 applies to this composite good. Harmonized System Explanatory Note I to 90.28 indicates that a turbine is commonly used as a element of a liquid supply meter.

The applicable subheading for the standard factory configuration GPI 09 meter will be 9028.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for liquid meters.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.


Robert B. Swierupski
National Commodity
Specialist Division