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NY R00624




August 25, 2004
CLA-2-84:RR:NC:1:104 R00624

CATEGORY: CLASSIFICATION

TARIFF NO.: 8423. 81.0040

Ms. Kerry J. Kiggins
Mettler Toledo, Inc.
60 Collegeview Road
Westerville, OH 43081

RE: The tariff classification of scales from Switzerland

Dear Ms. Kiggins:

In your letter dated July 23, 2004 you requested a tariff classification ruling.

The Mettler Toledo XP Professional Level Scales Models XP4001S, XP6001S, XP8001S AND XP10001S feature the QM Toolbox which ensures maximum security when scales are used in regulated environments. The firm’s administrator can define individual access rights for up to 8 users. Access is protected by password. The use of passwords guarantees that the users are working with the right individual settings. The models utilize the Mettler Toledo Monobloc weigh cell technology which effectively protects the balances against hard shocks and split samples. All models feature “SmartScreen” a graphical color display with touchscreen operation and fully automatic temperature and/or time-controlled internal adjustment.

Model #
Maximum
Capacity
Readability
Linearity
Balance (WxDxH mm)
Pan Dimensions
(WxD mm)
XP4001S
4100 g
100 mg
100 mg
194x392x96
190x223
XP6001S
6100 g
100 mg
100 mg
194x392x96
190x223
XP8001S
8100 g
100 mg
100 mg
194x392x96
190x223
XP10001S
10100 g
100 mg
100 mg
194x392x96
190x223

Although the submitted literature refers to these models as “balances”, the models do not possess the sensitivity of the balances classifiable in heading 9016, Harmonized Tariff Schedule of the United States, (HTS), i.e., 5 cg or better.

In your letter, you suggest classifying these models in subheading 8423.82.0010, HTS, as other weighing machinery: having a maximum weighing capacity exceeding 30 kg but not exceeding 5, 000 kg digital electronic type. The models in question would not be classified in subheading 8423.82.0010 as the figures in the chart above show that the models’ weighing capacities do not exceed 30 kg.

The applicable subheading for the Mettler Toledo XP Professional Level Scales Models XP4001S, XP6001S, XP8001S AND XP10001S will be 8423.81.0040, HTS, which provides for weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds; parts of weighing machinery: other weighing machinery: having a maximum weighing capacity not exceeding 30 kg digital electronic type: other. The rate of duty will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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