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NY R03598




April 7, 2006

CLA-2-90:RR:NC:N1:105 R03598

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085, 9031.90.9095

Ms. Senta Schreiber
BDG International Inc.
840 Tollgate Road
Elgin, IL 60123

RE: The tariff classification of Pasteurization Monitoring Apparatus from the Netherlands

Dear Ms. Schreiber:

In your letter dated March 29, 2006, for Sudmo North America, you requested a tariff classification ruling. No sample was submitted.

The Redpost PU (Pasteurization Unit) Monitors RPU 353, 352 and 351 are used to measure how effectively pasteurization equipment is performing its intended purpose.

Regarding the three channel version, the RPU 353, the Haffmans internet site states: “The most widely used method of pasteurisation makes use of a tunnel pasteuriser, through which bottles or cans travel, while being sprayed with warm water. The effect of heat treatment during a certain time is expressed in pasteurisation units (PU)...”

Further, “a bottle or can filled with the product that needs to be pasteurised, is placed in the pasteurising monitor and is connected. The pasteurising monitor is placed between the bottles or cans that travel through the tunnel pasteuriser.

During the pasteurisation process the pasteurising-monitor measures and stores the product temperature inside the bottle or can in relation to the time and calculates the pasteurization units”

And “after passing through the tunnel, the number of PU’s is directly displayed on the pasteurizing monitor...”

The descriptions for the RPU 352 and 351 are similar. The Pasteurization Units which they measure are indicative of the expected kill rate of the bacteria within the product.

The Redpost RPC 80 and 50 are used only with Pasteurization Monitors to serve primarily as their PC interface, printer interface, and charger after the PM has made its trip through the pasteurization equipment. Their major functions are not covered, per se, by any one heading in HTS Chapters 84, 85, or 90.

The applicable subheading for the RPU 353, 352 and 351 will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other”, non-“optical” measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the RPC 80 and 50 will be 9031.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” parts and accessories of “other”, non-“optical” measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 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 World Wide Web at http://www.usitc.gov/tata/hts/.

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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