CLA-2-90:OT:RR:NC:N1:405
Robert Harrison
GTS, Inc.
PO Box 799
Shalimar, FL 32579
RE: The tariff classification of the AirSafe dust monitoring instrument from Germany
Dear Mr. Harrison:
In your letter dated August 23, 2017, you requested a tariff classification ruling.
The product at issue, identified as the AirSafe, is described as a measuring instrument that can monitor the dust concentration in ambient air. The AirSafe instrument consists of a flow duct and an integral tribolelectric dust sensor. A current of air is drawn through the duct and any dust particles in the air are measured by the triboelectric sensor. The dust concentration measurements taken by AirSafe can be transmitted to a computer for display and record-keeping purposes. Per the information provided with your submission, the AirSafe is intended for use in environments such as silo areas, boiler houses, and work stations.
You suggest classification of the AirSafe in heading 9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring the flow, level, pressure, or other variables of liquids or gases. Based on the information provided, the AirSafe does not measure variables such as the flow or pressure of a gas (in this case air), but rather measures the concentration of dust in the air. In this respect the product serves a function akin to that of the apparatus for dust analysis in gases described in Harmonized System Explanatory Note 11 to Heading 9027. As a result, the AirSafe would be more appropriately classified as an instrument of heading 9027.
The applicable subheading for the AirSafe will be 9027.10.2000, HTSUS, 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 viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Gas or smoke analysis apparatus: Electrical. The rate of duty will be 1.2% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division