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NY C86610




May 6, 1998

CLA-2-90:RR:NC:MM:105 C86610

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.90.8400

Mr. Paul Heiss
IBCC Industries Inc.
3200 S. 3rd Street
Milwaukee, WI 53207

RE: The tariff classification of a steel disk from China

Dear Mr. Heiss:

In your letter, dated April 3, 1998, you requested a tariff classification ruling. Your letter resubmitted, with additional information, your earlier request of February 17, 1998. We note that your letter also refers to a steel seal housing. In the same mailing box, you included a sample of a seal housing and a separate letter, also dated April 3, 1998, requesting a classification ruling for the housing. We will respond to that request in a later letter to you.

The submitted steel disk is 11 inches in diameter and .2 inch thick. On each face, it has 3 swirls, about .5 inch high, going from the center to its edge. In the center on one side is an integral cylinder 1.5 inches high, with an outside diameter of 1.8 inches and an inside diameter of 1 inch. This enables the disk to be attached to a shaft.

As indicated by the literature, the disk is rotated by the shaft it is attached to through a wood pulp slurry. The changing torque needed to rotate it at a given speed is reflected in rotational movement in the motor housing so as to give a measure of the consistency, which is related to viscosity, of the wood pulp slurry. This movement is sensed by air gauging nozzles in pneumatic models and by a load cell in electronic models.

You state, and we agree, that it does not have "sufficient blades or paddles for this item to be used as a mixer or beater." This particular item will clearly be used only as a part of a DeZurik Rotating Consistency Transmitter. More importantly, we believe that, due to its unique features, it is identifiable, to an expert, as usable only in a similar way in a similar device.

We disagree with your recommended classification in HTS 7326.90.8585.

The applicable subheading for the disk will be 9027.90.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for the parts of the non-optical, non-electrical (noting the pneumatic version) instruments and apparatus for, inter alia, measuring or checking viscosity, porosity, expansion, surface tension or the like in 9027.80. The rate of duty will be 1.9 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 James Sheridan at 212-466-5669.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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