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NY A89598




December 11, 1996

CLA-2-90:RR:NC:1:105 A89598

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.6085

Mark L. Hausle
The Dominion Consulting Group, Inc.
5225 Sheridan Drive
Williamsville, NY 14221

RE: The tariff classification of infrared optical level probes for liquids from Denmark

Dear Mr. Hausle:

In your letter dated October 30, 1996, you requested a tariff classification ruling on behalf of Electromatic Business Unit of Buffalo Grove.

Model VP E/EP, VP 2X EM/EPM, VP 11/12 EM/EPM, and VP Ox TB are probes that function as optical level sensors to detect liquids at predetermined levels in industrial processes. These sensors consist of an amplifier, a Ga-As or Ga-Al-As diode, photo-transistor, and out-put transistor or thyristor, all enclosed in a self-contained corrosion-resistant housing which is rod-shaped at one end and has a conical tip. This conical tip at the end of the sensor rod forms a 90 degree angle, and the light source diode (transmitter) and photo-transistor (receiver) are so positioned in the rod that the infrared light beam generated at the diode is reflected internally to the photo-transistor, provided that the sensor tip is in air. If immersed in a liquid, the beam is refracted into the liquid, and fails to reach the receiver. Depending on the specific type of infrared optical level probe, the output transistor or thyristor is either "on" (activated) or "off" (deactivated) by being immersed in liquid, thereby dictating the control response to level acquisition.

The applicable subheading for the probes will be 9032.89.6085, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic regulating or controlling instruments and apparatus. The rate of duty will be 3.6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Eric Francke at (212)466-5669.

Sincerely,

Roger J. Silvestri
Director

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