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HQ 961023




December 16, 1997

CLA-2 RR:CR:GC 961023 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.80

Mr. Dennis Heck
Import Compliance Manager
Yamaha Corporation of America
P.O. Box 6600
Buena Park, CA 90622-6600

RE: Reconsideration of NY B89614; Leak Tester System; Leak Detector Unit;
HQ 954862; 9026.80.60

Dear Mr. Heck:

This is in response to your letter of October 14, 1997, requesting reconsideration of NY B89614, dated October 8, 1997, concerning the classification of a leak tester system under the Harmonized Tariff Schedule of the United States (HTSUS). Although NY B89614 only dealt with the classification of the leak tester system, you have also requested that we consider the classification of a leak detector unit.

FACTS:

The leak tester system is a machine designed to test for and detect leaks in vehicle tire rims. A rim is transported to a rubberized area in an inspection vacuum chamber against which the rim is sealed. Helium gas is then sprayed and pressurized into the rim, and electronic sensors are used to detect any helium which may leak from any holes in the rim.

The leak detector unit operates in a manner similar to the leak tester system, but exists as a portable or hand-held version.

ISSUE:

Whether the leak tester system and the leak detector unit are classifiable under subheading 9026.80.60, HTSUS, as apparatus for measuring or checking the flow, level, pressure or other variables of gases, or under subheading 9031.80.80, HTSUS, as an other measuring or checking machine, not specified or included elsewhere in chapter 90, HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The HTSUS provisions under consideration are as follows:

9026.80.60: [i]nstruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding apparatus of heading 9014, 9015, 9028, or 9032; parts and accessories thereof: [o]ther instruments and apparatus: [o]ther:
[o]ther.

Goods classifiable in this provision receive duty-free treatment.

9031.80.80: [m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: [o]ther instruments, appliances and machines: [o]ther.

The general, column one rate of duty for goods classifiable in this provision is
3 percent ad valorem.

In NY B89614, Customs held the leak tester system to be classifiable under subheading 9031.80.80, HTSUS.

This issue is similar to the one in HQ 954682, dated July 14, 1994, which dealt with the classification of an ampoule inspection machine (AIM). The AIM is designed for foreign particulate detection in glass ampoules, vials, and large infusion bottles. The ampoules, etc., are filled with liquid injectables, and, during the inspection process, a sensor perceives light variation caused by any particulate matter in the solution. Based upon this test, the AIM judges whether the ampoules, etc., are acceptable or faulty. In arguing that the AIM is classifiable in heading 9027, HTSUS, as apparatus for measuring or checking quantities of light, the protestant claimed that the AIM measures the light received by the inspection beam during the inspection process.

However, in HQ 954682, we stated that:

[w]e find that the AIM is not "measuring" quantities of light but checking ampoule vials and their liquid fills to determine whether or not they should be accepted or rejected. After checking the quantity of light being reflected through the ampoules, the AIM sorts the vials based upon their acceptability. Because the
AIM is not "measuring" quantities of light, we find that classification under heading 9027, HTSUS, is precluded. Therefore, we find that the AIM is classifiable as other checking or measuring instruments under heading 9031,
HTSUS.

Similar to the AIM, the leak tester system is used to check whether automobile tire rims are defective, not to measure the flow, pressure, or other variables of the helium gas used in the testing. Consequently, classification of the leak tester system in heading 9026, HTSUS, is precluded. However, as the system does perform a checking function, we agree with the holding in NY B89614 that it is classifiable under subheading 9031.80.80, HTSUS.

As it is our understanding that the leak detector unit is merely a portable version of the leak tester system, we find that it is also classifiable under subheading 9031.80.80, HTSUS.

HOLDING:

The leak tester system and the leak detector unit are classifiable under subheading 9031.80.80, HTSUS, as an other measuring or checking machine, not specified or included elsewhere in chapter 90, HTSUS.

EFFECT ON OTHER RULINGS:

NY B89614 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division

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