HQ 0084599 - VOD Probe-Blast Evaluator - United States International Trade Commision Rulings

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HQ 084599

August 23, 1989

CLA-2 CO:R:C:G 084599 VEA

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.40.0000

Anthony H. Liuzzo, President
Martin-Perkins and Associates, LTD.
P.O. Box 11400, Station H
Nepean
Ontario, Canada K2H7V1

RE: VOD Probe-Blast Evaluator

Dear Mr. Liuzzo:

Your letter of April 24, 1989, requests a ruling on behalf of Instantel Inc., on the classification of the VOD Probe-Blast Evaluator, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The article consists of a portable electric unit, called a Probe-Blast Evaluator, and is used to measure the detonation velocity of a blast by measuring the velocity of an explosion and comparing it to optimum values. Literature submitted with the request states that the Probe-Blast Evaluator measures the detonation velocity of explosives using fibre optic probes.

The probes are inserted into the explosives at predetermined intervals. As the explosives detonate, the resultant light which is emitted, hits each fibre probe at a separate time. The time delay and the specified probe spacing determine the detonation velocity.

You state that the unit should be classified in subheading 9027.80.4090.

ISSUE:

Whether the VOD Probe-Bast Evaluator is an instrument, or apparatus for measuring or checking quantities of heat, sound or light classified in heading 9027, subheading 9027.80.4090; or a measuring or checking instrument (other optical instruments and appliances), not specified or included elsewhere classified in heading 9031, subheading 9031.40.0000.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRIs), the legal principles by which merchandise is classified, governs classification under the HTSUSA. GRI 1 states, in part, that classification shall be determined according to the terms of the headings and any relative section or chapter notes. The headings at issue, 9027 and 9031 provide:

9027 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.

9031 Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof:

9031.40.00 Other optical instruments and appliances

Based on the language of heading 9027, the article in this case cannot be classified in that heading. Classification in 9027 requires that the instrument or apparatus be used to measure or check quantities of heat, sound or light. The VOD Probe-Blast Evaluator's function is to measure the detonation velocity of an explosion. Although light is involved in the process, the unit does not measure quantities of light as required by heading 9027. Assessing the detonation velocity of explosives involves measuring the time delay that occurs when the light, which is caused by the explosion, hits each fibre optic probe; and the specified probe spacing.

The VOD Probe-Blast Evaluator is properly classified in heading 9031. This heading applies to measuring or checking instruments, appliances and machines, not specified or included elsewhere in chapter 90. The Explanatory Notes (ENs) for 9031 state that this heading also covers optical type measuring and checking appliances and instruments. The VOD probe-Blast Evaluator is a measuring instrument, which measures the velocity of an explosion through the use of an optical element, i.e. fiber optic probes.

HOLDING:

The Probe-Blast Evaluator is a measuring or checking instrument (other optical instruments and appliances), not specified or included elsewhere classified in heading 9031, subheading 9031.40.0000, HTSUSA.

Sincerely,

John Durant, Director

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