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HQ 958898




May 14, 1996

CLA-2 RR:TC:MM 958898 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.39.00

Ms. Judy Workentin
Jack R. Huls & Company
P.O. Box 61
Blaine, Washington 98231

RE: Hi-Test Rope Tester; NY 805620 revoked; subheading 9030.89.00; resistance/conductance

Dear Ms. Workentin:

This is in reference to NY 805620, issued to you on January 13, 1995, which concerned the classification of the Hi-Test rope tester under the Harmonized Tariff Schedule of the United States (HTSUS). This is a reconsideration of NY 805620.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY 805620 was published April 10, 1996, in the Customs Bulletin, Volume 30, Number 15. No comments were received.

FACTS:

The Hi-Test rope tester (model SV-02) is a safety device which checks the electrical conductivity of ropes, straps or other materials used near sources of high voltage. A green light indicates that the rope or strap is a nonconductor of electricity; a red light and an audible buzzer signal that it conducts electricity. - 2 -

ISSUE:

Whether the Hi-Test rope tester is classifiable under subheading 9030.39.00, HTSUS, which provides for other instruments and apparatus, for checking electrical resistance, without a recording device.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

In NY 805620, the rope tester was held to be classifiable under subheading 9030.89.00 (then, 9030.89.80), HTSUS, which provides for other instruments and apparatus for measuring or checking electrical quantities. Subheading 9030.89.00, HTSUS, is the residual subheading for instruments and apparatus of heading 9030, HTSUS. It is our opinion that the merchandise is described by subheading 9030.39.00, HTSUS, which provides for instruments and apparatus for checking electrical resistance, and therefore, cannot be classified under subheading 9030.89.00, HTSUS.

Descriptive literature for the rope tester was sent to the Customs Office of Laboratories and Scientific Services for consideration. The laboratory concluded that the device checks the electrical conductivity of ropes, straps and other materials. The measurement of the "conductivity" of a material varies inversely with the "resistivity" of the same material. See Webster's Ninth New Collegiate Dictionary, pg. 274 (1990) (conductance is defined as "the readiness with which a conductor transmits an electric current: the reciprocal of electrical resistance"). Therefore, as the rope tester checks the electrical conductivity of the material, it concurrently checks for the resistance--the dielectric properties of the materials tested using the rope tester can be expressed either in terms of resistance or conductance. Because the rope tester is used to check electrical resistance, it is classifiable under subheading 9030.39.00, HTSUS.

HOLDING:

The Hi-Test rope tester is classifiable under subheading 9030.39.00, HTSUS, which provides for other instruments and apparatus, for measuring or checking voltage, current, resistance
or power, without a recording device. The corresponding rate of duty for articles of this subheading is 3.6% ad valorem.

In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

EFFECT ON OTHER RULINGS:

NY 805620, dated January 13, 1995, is revoked.

Sincerely,

John Durant, Director

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