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HQ 967078




June 4, 2004

CLA-2 RR:CR:GC 967078 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 three additional models of gas detection merchandise.

FACTS:

The merchandise at issue are three models of gas detection merchandise: the Shack Rat II, Rig Rat II, and Rig Rat III. The Shack Rat II is an updated model of the Shack Rat, which was previously classified in NY 887780, dated July 21, 1993, under subheading 9027.10.20, HTSUS. The Rig Rat II and Rig Rat III are updated models of the Rig Rat, which also was previously classified in NY 887780 under subheading 9027.10.20, HTSUS. All three models contain a sensor that is designed to measure the parts per million 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.

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 Shack Rat II, Rig Rat II, and Rig Rat III. The LAW AND ANALYSIS section of HQ 967082 is hereby incorporated by reference.

HOLDING:

For the reasons indicated above, Shack Rat II, Rig Rat II, and Rig Rat III 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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