CLA-2 CO:R:C:G 088242 MBR
Mr. Joseph F. Accardi, Jr.
President as attorney in fact
JAGRO AIR SERVICES INC.
161-15 Rockaway Blvd., Suite 108
Jamaica, NY 11434
RE: Reconsideration of HQ 084210 (dated July 12, 1989); Biotest
RCS Centrifugal Air Sampler; Parts; Accessories; Machines
and Mechanical Appliances, not Specified or Included
Elsewhere
Dear Mr. Accardi:
This is a reconsideration of HQ 084210 (dated July 11,
1989), regarding the classification of the Biotest Centrifugal
Air Sampler, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
FACTS:
HQ 084210, dated July 12, 1989, held that the Biotest RCS
Centrifugal Air Sampler was classifiable under 9027.10.60,
HTSUSA, which provides for: "[i]nstruments and apparatus for
physical or chemical analysis (for example...gas or smoke
analysis apparatus)...[g]as or smoke analysis apparatus: [o]ther:
[o]ther."
ISSUE:
What is the proper classification of the Biotest Centrifugal
Air Sampler, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA)?
LAW AND ANALYSIS:
HQ 084210, dated July 12, 1989, held that "the air sample
permits air quality analysis." It is now Customs position that
collecting air samples, which subsequently "permits" air quality
analysis to be performed, (but does not perform any analysis),
does not qualify air sample acquisition equipment for
classification under 9027, HTSUSA, which provides for:
"[i]nstruments and apparatus for physical or chemical analysis."
Therefore, the Biotest RCS Centrifugal Air Sampler is
properly classifiable under 8479.89.90, HTSUSA, which provides
for: "[m]achines and mechanical appliances having individual
functions, not specified or included elsewhere in this chapter:
[o]ther...: [o]ther: [o]ther."
HOLDING:
The Biotest RCS Centrifugal Air Sampler is properly
classifiable under 8479.89.90, HTSUSA, which provides for:
"[m]achines and mechanical appliances having individual
functions, not specified or included elsewhere in this chapter:
[o]ther...: [o]ther: [o]ther." Ruling Letter HQ 084210, (July
12, 1989), is revoked under authority of section 177.9(d),
Customs Regulations. See HQ 087597 (attached) for a more
complete analysis.
Sincerely,
John Durant, Director
Commercial Rulings Division