HQ 0085985 - Parts OF Tank Ullage And Emulsion Measurement Apparatus - United States International Trade Commision Rulings

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HQ 085985

February 9, 1990

CLA-2 CO:R:C:G 085985 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.90.20
7318.15.60

Mr. Robert J. Ward, Jr.
Givens and Kelly
950 Echo Lane, Suite 360
Houston, Texas 77024

RE: Parts OF Tank Ullage And Emulsion Measurement Apparatus

Dear Mr. Ward,

You requested a binding classification ruling on behalf of your client, Agar Corporation, Inc., for certain parts of the AGAR ID-210 Portable Tank Profiler. Photographs and diagrams of the merchandise were provided with your October 11, 1989 ruling request and October 13, 1989 facsimile transmission. Our ruling follows.

FACTS:

The merchandise consists of aluminum and stainless steel parts of the AGAR ID-210 Portable Tank Profiler ("Tank Profiler"). We understand that the parts are manufactured in the U.S.S.R. and are imported in bulk, packed separately according to part type. The Tank Profiler is a device used to obtain a highly accurate measurement of the true contents of a particular liquid in a container.

The Tank Profiler is comprised of the basic Tank Profiler unit and two accessories. The basic Tank Profiler unit incorporates a measuring tape which is used to measure ullage (the amount by which a tank of liquid falls short of being full). The Tank Profiler's "water concentration" accessory provides an electronic measurement of the oil-to-water interface as well as the composition of emulsions within the liquid. The electronic "temperature" accessory provides a temperature reading with which one can figure the contraction and expansion of the liquid due to temperature fluctuations.

The electronic measurements are taken by sensors which attach to the basic Tank Profiler's "antenna assembly". This assembly is connected to the end of the tape measure and is
dropped into the tank. The Tank Profiler's tape measure is pre- wired to accept the electronic sensors of the water concentration and temperature accessories. The pre-wired tape measure and antenna assembly are sold with the basic Tank Profiler unit whether or not it is sold with the accessories. The accessories are sold with an "electronics module" which is designed to be housed in the reel of the tape measure. With the readings for ullage, oil-to-water interface, emulsion composition and temperature, one can accurately measure the true contents of a particular container.

The imported parts consist of steel screws, and aluminum parts which have been drilled, grooved or otherwise shaped in such a fashion to dedicate them for use in the Tank Profiler. After importation into the United States, the metal parts are combined with plastic parts and other components and assembled into the Tank Profiler.

It is the importer's goal to sell the Tank Profiler with its water concentration and temperature accessories as a complete package. The importer anticipates that 50% of sales will be of the basic Tank Profiler without the water concentration and temperature accessories. The other 50% of sales will be of the Tank Profiler with one or both accessories.

ISSUE:

Is the merchandise classified in subheading 9026.90.20 as parts of an electrical measuring apparatus, or in subheading 9026.90.60 as parts of a non-electrical measuring apparatus?

LAW AND ANALYSIS:

The complete Tank Profiler with accessories is designed to measure the level, emulsion concentration and temperature of liquids. It is classified in Heading 9026 as an "...apparatus for measuring or checking the flow, level, pressure or other variables of liquids...".

Heading 9026 also provides for parts of Heading 9026 apparatus. Articles which are classified as parts of Heading 9026 "electrical" apparatus fall in subheading 9026.90.20, while parts of Heading 9026 "other" apparatus are classified in subheadings 9026.90.40-60. Chapter 90 U.S. Note 2 provides that "electrical" Chapter 90 articles are articles "...the operation of which depends on an electrical phenomenon which varies according to the factor to be ascertained."

The operation of the water concentration and temperature features clearly depends on electrical phenomenon which varies
according to the fluctuating oil-to-water interface, emulsion composition and temperature. The tape measure incorporated in the basic Tank Profiler unit operates mechanically and does not depend on any varying electrical phenomenon to ascertain ullage. Since the Tank Profiler has electrical and mechanical features, it must be determined whether the apparatus has the essential character of an electrical or non-electrical apparatus.

The mechanical and electrical features are interconnected and the basic Tank Profiler unit with its accessories must be considered as a whole when determining essential character. In addition to housing the tape measure, the basic Tank Profiler unit is designed to provide structural support for the electronic features. The imported parts which are assembled into the tape measurement reel contain fittings for the "electronics module" which comes with the water concentration and temperature accessories. The "antenna assembly" is attached to the end of the measuring tape and is designed to contain sensor(s) for the electronic accessories. (The antenna sleeve is also among the imported articles).

Further, the tape measure sold with the basic Tank Profiler contains wires which are designed to carry current from the sensor(s) to the electronics module when the Tank Profiler is being operated with its accessories. The importer states that the wires provide support to the tape measure in addition to conducting electricity; even if the wires perform significant mechanical functions, the mechanical functions would be subordinate because electrical wires are primarily designed to conduct electrical current.

The importer argues that the mechanical tape measure gives the apparatus its essential character because the ullage reading which it provides is the most substantial measurement which the electronic features merely refine; the tape measure operating alone can provide an approximate measurement of the amount of liquid in a container, but the "water concentration" and temperature readings would be meaningless if taken without an ullage reading.

Although the tape measure would provide the best estimate of container content if used alone, the essential character of the AGAR ID-210 Portable Tank Profiler should not in our opinion, be determined on this basis. The Tank Profiler is designed as a comprehensive "package" which gives a highly accurate measurement of container content from mechanical and electronic readings, not just an estimate from a mechanical reading.

The best source of guidance in determining whether the apparatus is electrical or non-electrical is Chapter 90 U.S.

Note 2, which provides a specific definition of Chapter 90 "electrical" apparatus. The water concentration and temperature features are clearly "electrical" (and the basic Tank Profiler unit facilitates these features by providing structural support and incorporating electrical elements such as wire). The electrical features are essential to the Tank Profiler's function of providing precise container content measurements. The Tank Profiler depends on varying electrical phenomenon to accurately determine the true content of liquid in a container. The tank Profiler is an electrical apparatus and its parts, except loose steel screws, are classified in 9026.90.20, HTSUSA.

The steel screws which are imported loose (not already set in other parts) are excluded from Chapter 90 by Chapter 90 Note 1(e). The screws are classified in Heading 7318; they appear to be very small and if they are machine screws less than 9.5 mm in length with shanks or threads less than 6 mm in diameter, are classified in 7318.15.60, HTSUSA.

HOLDING:

The imported parts for the Agar ID-210 Portable Tank Profiler, except for loose screws, are classified in 9026.90.20, HTSUSA. Screws which are imported in bulk and not set in other parts are classified in Heading 7318; machine screws less than 9.5 mm in length with shanks or threads less than 6 mm in diameter are classified in 7318.15.60, HTSUSA.

Sincerely,

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