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NY R01287





February 9, 2005

CLA-2-90:RR:NC:N1:105 R01287

CATEGORY: CLASSIFICATION

TARIFF NO.: 9015.80.8080

Mr. Steven John Kuchta
Kuehne & Nagel, Inc.
10 Exchange Place, 19th Floor
Jersey City, NY 07302

RE: The tariff classification of a Rain Gauge from China

Dear Mr. Kuchta:

In your letter dated January 10, 2005, for Taylor Precision Products LLC, you requested a tariff classification ruling for their 2751, a “multi function rain” gauge. No sample was submitted.

Your attachment describes it:

“Gray plastic rain collection cup with RF transmitter. Silver Receiver. Measures Rain Fall in .01 inch increments. Records Daily, weekly or Monthly. Clock Feature, Calendar Feature. Remote temperature reading 300 foot transmission range. Automatically empties Rain.”

The clock and calendar function do not require any RF transmission, unlike the rain gauge and the outside thermometer, and seem to be primarily an aid in keeping track of the other data. Per the cost breakdown, the rain gauge is the largest cost, which is consistent with its relatively high accuracy (.01 inch) and unusual ability to automatically empty when full.

Separately imported precision rain gauges are classified as meteorological instruments in 9015 per its Harmonized System Explanatory Note V-8. We consider the meteorological instrument aspect of your composite good to provide its essential character.

The applicable subheading for the 2751 will be 9015.80.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, non-“optical” meteorological instruments. 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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