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NY E87856




October 26, 1999

CLA-2-90:RR:NC:MM:105 E87856

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.20.5050

Mr. Richard Powell
British Consulate-General
The British Trade Office
845 Third Avenue, 9th Floor
New York, NY 10022

RE: The tariff classification of gas monitors from the United Kingdom

Dear Mr. Powell:

In your letter, dated September 28, 1999, for Telegan Gas Monitoring, you requested a tariff classification ruling.

You have provided no sample, but 3 brochures, concerning the Autofim (flame ionisation monitor) II, Autofim II GC (gas chromatography), Autofim I Chromatograph, Gas-Tec FID (flame ionisation detector), Gas-Tec VOC (volatile organic compounds).

All 5 are used to measure the levels of organic gases, usually in air for leak detection or emissions monitoring.

The Autofim II GC and Autofim I Chromatograph are stated to include columns, presumably chromatography columns. Both can analyze the air and produce graphs showing the relative quantities of several different compounds. We assume that both have as essential elements detectors which produce an electrical output directly linked to the quantity of ions which have passed through the chromatography column at a given moment.

The applicable subheading for these two items will be 9027.20.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” gas chromatographs. The general rate of duty will be free.

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

Regarding the other 3 models, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because of non-conformity with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Additional information is required as indicated below: 1. It is not clear if they use chromatography. In particular, we note that the Autofim II is indicated as not having a GC column, unlike the GC version. On the other hand, it apparently uses hydrogen cylinders and hydrogen is the usual carrier in gas chromatography. 2. In general, a detailed explanation of its method of operation is needed for each device. 3. In addition, information whether the device’s operation is dependant on the production of an analog electrical current proportional to the level of the gas being measured.

When this information is available, you may wish to consider resubmission of your request regarding the three samples. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

If you have any questions regarding any of the above, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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