CLA-2 CO:R:C:G 087498 CMS

9030.31.00
8543.20.00

Doug Lenhart, Ph.D.
Vice President of Marketing
Cypress Systems, Inc.
P.O. Box 3931
Lawrence, Kansas 66046

RE: Potentiostat; Galvanostat; Signal Generator; Impedance Analyzer; Programmable Interface; Instruments For Electrochemical Analysis; Electrochemistry

Dear Dr. Lenhart:

Your June 5, 1990 request for a classification ruling on certain electrochemical analysis equipment has been forwarded by the Regional Commissioner of Customs, New York to Customs Headquarters for a reply. Our ruling follows.

FACTS:

The merchandise consists of certain components manufactured by Tacussel Electronique for use in electrochemical analysis. The components are the VTM-200S Potentiostat/Galvanostat, IMT1 Programmable Interface, IMT1 Software, PIL101T Scanning Generator, and Z-Computer/Impedance Analyzer. The components may or may not be entered together.

The VTM-200S Potentiostat/Galvanostat is a potentiostat/ galvanostat with a built-in ramp signal generator. One panel on the unit indicates the status of the instrument and the applied voltage while a second panel displays the measured current in the course of an experiment. The unit is connected to a cell with platinum electrodes (not included) for the purpose of testing the behavior of metals or metal salts in certain solutions.

The IMT1 Programmable Interface incorporates a programmable signal generator and is designed to function with and control the VTM-200S unit and other Tacussel potentiostat/galvanostats. The IMT1 can be connected to a microcomputer provided it is fitted with the appropriate serial port.

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The IMT1 Software is designed for electrochemical analysis and is capable of managing free potentials, stabilization criteria and relative or absolute potential scales. The software is in the form of floppy discs.

The PIL101T Scanning Generator generates single, double or multi-scans at a controlled sweep rate. The signal voltage is generated by means of a digital/analog converter. The converter outputs a "staircase" shaped slope in steps of .25mV. A proportional analog output is delivered. The PIL101T is compatible with many potentiostat/galvanostats including all Tacussel instruments. The unit can be connected to a microcomputer.

The Z-Computer/Impedance Analyzer is connected to a microcomputer (not included) and performs measurement control in potentiostatic or galvanostatic mode. The front panel of the unit incorporates jacks for electrodes. The Z-Computer allows sine, triangle and square wave voltage to be superimposed. With special software the unit can perform cyclic voltammetry with a maximum data acquisition rate of 1 Hz.

The importer states that the imported components are intended to be used in the study of the corrosion of metals. Other uses include analyzing the charge and purity of materials and the rate of reaction.

ISSUE:

Is the merchandise classified as electrical apparatus, n.s.p.f. in Heading 8543, as instruments and apparatus for physical or chemical analysis in Heading 9027, or as instruments and apparatus for measuring or checking electrical quantities in Heading 9030?

LAW AND ANALYSIS:

None of the components under consideration are described in Chapter 85 except as electrical apparatus, n.s.p.f. in Heading 8543. If the articles are electrical articles for measuring or checking electrical quantities, they would be more specifically described by Heading 9030. If the articles measure or check electrical quantities principally for conducting physical or chemical analysis they would be most specifically described by Heading 9027. Further, if the components are articles of Chapter 90 then they are excluded from Chapters 84 and 85 pursuant to Section XVI Note 1(m).

The principal use of the VTM-200S Potentiostat/Galvanostat is to measure electrical quantities for the purpose of conducting

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electrochemical analysis. Its features, including its amperage range, make it suitable for testing the behavior of metals and metal salts in solutions and for other physical or chemical analysis. It is designed to function with other components (e.g. programmable interface) in a system which analyzes the chemical response to electrical stimulation. The Explanatory Notes to Heading 9027, pp. 1515-1516, describe apparatus which perform similar functions (e.g., an apparatus that analyzes dissolved metals in water by evaluating the current/resistance relationship of electrodes immersed in the solution, para. 13; an apparatus that determines the components of liquids, including traces of metals, using electrodes and a control unit, para. 14; an apparatus that evaluates a product by analyzing current passing through a solution, para. 23). The principal use of the VTM- 200S unit is to conduct physical or chemical analysis and it is classified in 9027.80.40, HTSUSA.

The IMT1 Programmable Interface is designed to function with and control the VTM-200S unit and other Tacussel potentiostat/galvanostats used for electrochemical analysis. The IMT1 incorporates a signal generator. Subheading 8543.20.00 specifically describes signal generators. However, the IMT1 is not a standard signal generator. The IMT1 combines interface, signal generator and control functions for the purpose of working in an electrochemical analysis system. The IMT1 is most specifically described by Heading 9027. It is classified in 9027.80.40, HTSUSA. The PIL101T Scanning Generator is similarly classified in 9027.80.40, HTSUSA.

The Z-Computer/Impedance Analyzer is not the type of freely programmable data processing unit described by Heading 8471. Its principal use is to perform measurement control in potentiostatic or galvanostatic mode and to function with other electrochemical analysis components. It is classified in 9027.80.40, HTSUSA.

With the exception of the software, all the components are individually classified in 9027.80.40, HTSUSA, and would also be classified there if entered together.

Pursuant to Chapter 85 Note 6, the IMT1 Software in the form of floppy discs is classified in 8524.90.40, HTSUSA, whether or not it is entered with apparatus for which it is intended.

HOLDING:

The VTM-200S Potentiostat/Galvanostat, IMT1 Programmable Interface, PIL101T Scanning Generator and Z Computer/Impedance Analyzer are classified as instruments and apparatus for physical

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or chemical analysis, in 9027.80.40, HTSUSA. The IMT1 Software in the form of magnetic floppy discs is classified in 8524.90.40, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division