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NY G85013




December 21, 2000

CLA-2-90:RR:NC:MM:105 G85013

CATEGORY: CLASSIFICATION

TARIFF NO 9027.80.45:

Ms. Lorianne Aldinger
Rite Aid Corporation
POB 3165
Harrisburg, PA 17105

RE: The tariff classification of pH Soil Meter from China

Dear Ms. Aldinger:

In your letter, dated December 4, 2000, you requested a tariff classification ruling.

The sample has a dial marked in subdivision of 3 to 10, indicating measurement from acid to alkaline. An integral, eight inch, metal rod is used to stick the device into the soil to be measured. Although it needs no batteries, we assume it uses an electrometric system, using electrodes to set up a difference in electrical potential which is proportional to the pH of the soil

Explanatory Note 22 to Harmonized System Heading 9027 indicates that it includes pH meters and that the most common type employs the electrometric system.

The applicable subheading for this item will be 9027.80.45, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and apparatus for physical or chemical analysis, which are “electrical” per U.S. Note 2 to Chapter 90, but which do not use optical radiations. 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. If you have any questions regarding the ruling, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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