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NY J81370




March 17, 2003

CLA-2-90:RR:NC:MM:114 J81370

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Ms. Maria D. Cimino
Geologistics
310 McClellan Highway
East Boston, MA 02128

RE: The tariff classification of instruments for measuring particle size from the United Kingdom

Dear Ms. Cimino:

In your letter dated February 12, 2003, on behalf of Malvern Instruments, Inc., you requested a tariff classification ruling.

The Mastersizer 2000, the Zetasizer, the Autosizer, and the Ultrasizer are particle size measurement instruments. The PharmaVision 830 is an automated vision system based on standard microscopy techniques. According to your letter, all of the instruments incorporate a helium/neon gas laser. The instruments are used for particle sizing in solids, liquids, slurries and aerosols. Particle size measurement instruments are used in various industries including the aerospace, the petrochemical, and the pharmaceutical industries.

The applicable subheading for the Ultrasizer 2000, the Zetasizer, the Autosizer, the Ultrasizer and the Pharmavision 830 will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical measuring or checking instruments. The rate of duty will be 3.5 percent ad valorem.

You suggested classification under 9027.50.4060, HTS. The Office of Regulations and Rulings issued a classification ruling on particle size and distribution measuring instruments which were described as particle spectrometers. The ruling, HQ 955445 dated January 19, 1994, classified the instruments under 9031.40.00, which is now 9031.49.90, HTS. Classification under subheading 9027.50.40, HTS, was determined to be incorrect because the subject instruments did not analyze the particles. The instruments measured size, distribution and shape of particles without performing an analysis of the particles. Also, the Office of Regulations and Rulings issued a classification ruling on an image analysis system. The ruling, HQ 088025 dated January 17, 1991, classified the image analysis system under 9031.40.00, HTS, which is now 9031.49.90, HTS. Classification under heading 9027, HTS, was determined to be incorrect because the instrument did not perform physical analysis.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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