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NY 814017




September 25, 1995

CLA-2-90:R:N4:114 814017

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.50.4060

Mr. Sheldon Button
PT Papertech Inc.
4850 The Dale
West Vancouver, B.C. Canada V7W 1K3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Papertech's Optec Sensor from Canada; Article 509

Dear Mr. Button:

In your letter dated August 21, 1995 you requested a ruling on the status of Optec Sensor from Canada under the NAFTA.

The Optec Sensor is used in dairy plants to measure the plant's product losses and environmental loading. The sensor is installed in-line and uses visible light which is directly focused into the product flow (milk and creams). The sensor measures the scatter intensity of the light, which is based on the whiteness or color of the milk or cream. The whiteness or color is dependent on the ratio of water to the product milk or creams). The sensor measures the product-water ratio during rinse cycles.

The applicable tariff provision for the Optec Sensor will be 9027.50.4050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 quantities of heat, sound or light (including exposure meters): other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): electrical: other. The general rate of duty will be 4.3 percent ad valorem.

Your letter states that the Optec Sensor is manufactured in Canada from components that are manufactured in either USA or Canada. The Optec Sensor, being made entirely in the territory of Canada and the USA, using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

2

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Barbara Kiefer at 21-466-5685.

Sincerely,

Roger J. Silvestri
Director

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