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NY R02135




July 5, 2005

CLA-2-90:RR:NC:N1:105 R02135

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.80.2000

Mr. George R. Tuttle, III
George R. Tuttle Law Offices
Three Embracadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of Mass Flow Meters from Japan and China

Dear Mr. Tuttle:

In your letter dated June 15, 2005, for Advanced Energy Industries, Inc., you requested a tariff classification ruling. No sample was submitted.

The Specifications for the Model 78XX Mass Flow Meters indicates that the continuous measurements of the gas flow are made in either sccm’s (standard cubic centimeters per minute) or slm’s (standard liters per minute.) The accuracy is typically about 1% and the linearity is typically about .5%. They have no valves and do not control any devices. They do have alarm/diagnostic features, but those are clearly secondary to their main purpose of measurement.

There are references on other pages to Model numbers beginning with 8’s on another page, but no Specification Sheet for them. There are illustrations of electrical connection pins at the bottom of one of those pages. If a different configuration of the pins is the only difference between the 8’s and the 7’s, they are the same for classification purposes.

You describe them as devices that measure the flow of a gas or liquids. However, the brochure never mentions liquids, only gases.

You indicate that the measurement is made by creating a temperature differential between a stream of the gas and the tube it is flowing through and by causing an electrical signal to be emitted which is proportional to the change in resistance due to that temperature differential. Therefore, the devices are “electrical” per Additional US Note 2 to HTS Chapter 90.

You propose classification within HTS 9026.10. However, that is for instruments and apparatus for measuring or checking the flow or level of liquids, not gases.

The applicable subheading for the Model 78XX Mass Flow Meters will be 9026.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “electrical” instruments and apparatus for measuring or checking the flow of gases. 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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