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HQ 088242


November 27, 1990

CLA-2 CO:R:C:G 088242 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.90

Mr. Joseph F. Accardi, Jr.
President as attorney in fact
JAGRO AIR SERVICES INC.
161-15 Rockaway Blvd., Suite 108
Jamaica, NY 11434

RE: Reconsideration of HQ 084210 (dated July 12, 1989); Biotest RCS Centrifugal Air Sampler; Parts; Accessories; Machines and Mechanical Appliances, not Specified or Included Elsewhere

Dear Mr. Accardi:

This is a reconsideration of HQ 084210 (dated July 11, 1989), regarding the classification of the Biotest Centrifugal Air Sampler, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

HQ 084210, dated July 12, 1989, held that the Biotest RCS Centrifugal Air Sampler was classifiable under 9027.10.60, HTSUSA, which provides for: "[i]nstruments and apparatus for physical or chemical analysis (for example...gas or smoke analysis apparatus)...[g]as or smoke analysis apparatus: [o]ther:

ISSUE:

What is the proper classification of the Biotest Centrifugal Air Sampler, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

HQ 084210, dated July 12, 1989, held that "the air sample permits air quality analysis." It is now Customs position that collecting air samples, which subsequently "permits" air quality analysis to be performed, (but does not perform any analysis), does not qualify air sample acquisition equipment for classification under 9027, HTSUSA, which provides for: "[i]nstruments and apparatus for physical or chemical analysis."

Therefore, the Biotest RCS Centrifugal Air Sampler is properly classifiable under 8479.89.90, HTSUSA, which provides for: "[m]achines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: [o]ther...: [o]ther: [o]ther."

HOLDING:

The Biotest RCS Centrifugal Air Sampler is properly classifiable under 8479.89.90, HTSUSA, which provides for: "[m]achines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: [o]ther...: [o]ther: [o]ther." Ruling Letter HQ 084210, (July 12, 1989), is revoked under authority of section 177.9(d), Customs Regulations. See HQ 087597 (attached) for a more complete analysis.

Sincerely,

John Durant, Director

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