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NY K84294




March 24, 2004
CLA-2-90:RR:NC:N1:105 K84294

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.20.4000

Ms. Ingrid Meligy
Entegris, Inc.
3500 Lyman Boulevard
Chaska, MN 55318

RE: The tariff classification of a Electronic Flowmeter

Dear Ms. Meligy:

In your letter dated March 5, 2004,you requested a tariff classification ruling. No sample was submitted.

You state: “Currently we have classified flowmeters under schedule B# 9026.10.5000. However, there is a dispute that this part should be classified under 9028. I have gone over both descriptions with our engineering department and they feel that the 9026 section explains our product better than 9028.”

From the information you attached, your Electronic Flowmeter 4400 has no moving parts. It has two electric outputs, one corresponding to its measurement of the flow rate and the other the outlet pressure of the fluid passing through it. The accuracy of both the flow and pressure measurement is routinely about 1 percent, plus or minus.

A calculation of the total flow would require an external device to perform the summation so HTS 9028 does not apply.

Within 9026, the item appears to be a composite good. Pressure measurement is the latter subheading to appear, noting General Rule of Interpretation 3-c. Since it is described as Electronic, we assume it is “electrical” per Additional US Note 2 to HTS Chapter 90.

The applicable subheading for your 4400 will be 9026.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “electrical” instruments and apparatus for measuring or checking pressure.

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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