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HQ 967077




June 4, 2004

CLA-2 RR:CR:GC 967077 NSH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.10.2000

Norma J. Hudon
KPMG LLP
Commerce Place
10125 – 102 Street
Edmonton, Alberta, Canada
T5J 3V8

RE: Gas Detectors

Dear Ms. Hudon:

On June 4, 2004, Customs and Border Protection issued to you Headquarters Ruling Letter (HQ) 967082, which classified, among other imports, the I.S. Plant Rat gas detector under subheading 9027.10.20, Harmonized Tariff Schedule of the United States (HTSUS), as a gas analysis instrument.

You have also requested, on behalf of your client, BW Technologies Ltd., classification of five additional models of gas detection merchandise.

FACTS:

The merchandise at issue are five models of gas detection merchandise: the CR-4000 Detection Controller, RRJ-4000 Detection Controller, Gas Point, RRJ Gas Transmitter, and the CD-420 Gas Transmitter.

The CR-4000 Detection Controller, RRJ-4000 Detection Controller, and Gas Point contain a sensor that is designed to measure the parts per million (ppm) of a gas in a general area, and electronics that determine when that gas level goes beyond a designated range. Each model is fitted with alarm devices, but has the additional ability to display, via digital readout, accurately measured gas levels.

The RRJ Gas Transmitter and CD-420 Gas Transmitter also have alarm devices, a sensor designed to measure the ppm of a gas in a general area, but are incapable, by themselves, of displaying accurately measured gas levels via digital readout. However, each continuously outputs an electric signal directly proportional to its gas level measurements. This allows for these two devices to be attached to a galvonometer that is then capable of displaying the parts per million of the gas being measured.

HQ 967082 determined that the I.S. Plant Rat, because of its ability to monitor gas levels in addition to its alarm capabilities, was an analytical device of heading 9027, HTSUS. The I.S. Plant Rat was also determined to be an “electrical” instrument. The LAW AND ANALYSIS section of HQ 967082 sets forth Customs position regarding the I.S. Plant Rat and the distinguishing factors which prescribed classification under heading 9027, HTSUS.

The analysis applied in HQ 967082 regarding the I.S. Plant Rat also applies herein with respect to the classification of the CR-4000 Detection Controller, RRJ-4000 Detection Controller, Gas Point, RRJ Gas Transmitter, and CD-420 Gas Transmitter. The LAW AND ANALYSIS section of HQ 967082 is hereby incorporated by reference.

HOLDING:

For the reasons indicated above, the CR-4000 Detection Controller, RRJ-4000 Detection Controller, Gas Point, RRJ Gas Transmitter, and CD-420 Gas Transmitter are classified under subheading 9027.10.2000, Harmonized Tariff Schedule of the United States Annotated, as “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Gas or smoke analysis apparatus: Electrical.” The 2004 column one general rate of duty is 1.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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