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NY I82858




June 27, 2002

CLA-2-90:RR:NC:N1:105 I82858

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.89.0000

Mr. Rob Mayer, President
Queen City Forging Co.
235 Tenyson Street
Cincinnati, Ohio 45226-1599

RE: The tariff classification of Hystograph – Coercimeter from Germany

Dear Mr. Mayer:

In your letter dated May 30, 2002, you requested a tariff classification ruling.

No sample was submitted. Two pages describing a Hystograph were supplied. The Hystograph literature states, under Operating Principle, “Determination of the magnetic properties of hard magnetic materials.”

The Explanatory Note to Harmonized System Heading 9030 states, “The main types of electrical measurements are : .

(X) Measurement of magnetic fields or magnetic fluxes, effected with galvanometers or fluxmeters.

(XI) Measurement of the electrical or magnetic properties of materials, carried out with hysteresis testers, permeameters or similar instruments.”

You indicate that you believe HTS 9030.39 applies. However, although they are related, we do not consider magnetic properties to be included in Voltage, Current, Resistance, or Power.

The applicable Chapters 1 to 97 subheading for the Hystograph will be 9030.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments or apparatus for measuring or checking electrical quantities. The rate of duty will be 1.7 percent ad valorem.

You suggest that the item may be classifiable in HTS 9810.00.60.

Because they are otherwise classifiable in subheading 9030.89 HTS, noting Note 6-a-xvii to Subchapter X of Chapter 98 of the HTS, they may be eligible for a free rate of duty under the provisions for instruments and apparatus, if no USA product is of equivalent scientific value, entered for the use of any nonprofit institution, whether public or private, established for educational or scientific purposes, and for repair components and tools for such instruments and apparatus, in HTS 9810.00.60, 65, and 67. The final determination of eligibility is made by the Department of Commerce, not the Customs Service. Because the eligibility requirements for this free provision are difficult and complex, we have attached a copy of U.S. Notes 1 and 6 to Subchapter X of the HTS which describe, in detail, those requirements. The application is to be filed with OFFICE OF REGULATIONS AND RULINGS, 799 NINTH STREET, N.W, U.S. MINT ANNEX BUILDING, WASHINGTON, D.C. 20229. For further information, you should telephone its Special Classification & Marking Branch at 202-572-8810.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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