CLA-2 CO:R:C:G 085985 CMS
7318.15.60
Mr. Robert J. Ward, Jr.
Givens and Kelly
950 Echo Lane, Suite 360
Houston, Texas 77024
RE: Parts OF Tank Ullage And Emulsion Measurement Apparatus
Dear Mr. Ward,
You requested a binding classification ruling on behalf of
your client, Agar Corporation, Inc., for certain parts of the
AGAR ID-210 Portable Tank Profiler. Photographs and diagrams of
the merchandise were provided with your October 11, 1989 ruling
request and October 13, 1989 facsimile transmission. Our ruling
follows.
FACTS:
The merchandise consists of aluminum and stainless steel
parts of the AGAR ID-210 Portable Tank Profiler ("Tank
Profiler"). We understand that the parts are manufactured in the
U.S.S.R. and are imported in bulk, packed separately according to
part type. The Tank Profiler is a device used to obtain a
highly accurate measurement of the true contents of a particular
liquid in a container.
The Tank Profiler is comprised of the basic Tank Profiler
unit and two accessories. The basic Tank Profiler unit
incorporates a measuring tape which is used to measure ullage
(the amount by which a tank of liquid falls short of being full).
The Tank Profiler's "water concentration" accessory provides an
electronic measurement of the oil-to-water interface as well as
the composition of emulsions within the liquid. The electronic
"temperature" accessory provides a temperature reading with
which one can figure the contraction and expansion of the liquid
due to temperature fluctuations.
The electronic measurements are taken by sensors which
attach to the basic Tank Profiler's "antenna assembly". This
assembly is connected to the end of the tape measure and is
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dropped into the tank. The Tank Profiler's tape measure is pre-
wired to accept the electronic sensors of the water
concentration and temperature accessories. The pre-wired tape
measure and antenna assembly are sold with the basic Tank
Profiler unit whether or not it is sold with the accessories.
The accessories are sold with an "electronics module" which is
designed to be housed in the reel of the tape measure. With the
readings for ullage, oil-to-water interface, emulsion composition
and temperature, one can accurately measure the true contents of
a particular container.
The imported parts consist of steel screws, and aluminum
parts which have been drilled, grooved or otherwise shaped in
such a fashion to dedicate them for use in the Tank Profiler.
After importation into the United States, the metal parts are
combined with plastic parts and other components and assembled
into the Tank Profiler.
It is the importer's goal to sell the Tank Profiler with its
water concentration and temperature accessories as a complete
package. The importer anticipates that 50% of sales will be of
the basic Tank Profiler without the water concentration and
temperature accessories. The other 50% of sales will be of the
Tank Profiler with one or both accessories.
ISSUE:
Is the merchandise classified in subheading 9026.90.20 as
parts of an electrical measuring apparatus, or in subheading
9026.90.60 as parts of a non-electrical measuring apparatus?
LAW AND ANALYSIS:
The complete Tank Profiler with accessories is designed to
measure the level, emulsion concentration and temperature of
liquids. It is classified in Heading 9026 as an "...apparatus
for measuring or checking the flow, level, pressure or other
variables of liquids...".
Heading 9026 also provides for parts of Heading 9026
apparatus. Articles which are classified as parts of Heading
9026 "electrical" apparatus fall in subheading 9026.90.20, while
parts of Heading 9026 "other" apparatus are classified in
subheadings 9026.90.40-60. Chapter 90 U.S. Note 2 provides that
"electrical" Chapter 90 articles are articles "...the operation
of which depends on an electrical phenomenon which varies
according to the factor to be ascertained."
The operation of the water concentration and temperature
features clearly depends on electrical phenomenon which varies
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according to the fluctuating oil-to-water interface, emulsion
composition and temperature. The tape measure incorporated in
the basic Tank Profiler unit operates mechanically and does not
depend on any varying electrical phenomenon to ascertain ullage.
Since the Tank Profiler has electrical and mechanical features,
it must be determined whether the apparatus has the essential
character of an electrical or non-electrical apparatus.
The mechanical and electrical features are interconnected
and the basic Tank Profiler unit with its accessories must be
considered as a whole when determining essential character. In
addition to housing the tape measure, the basic Tank Profiler
unit is designed to provide structural support for the electronic
features. The imported parts which are assembled into the tape
measurement reel contain fittings for the "electronics module"
which comes with the water concentration and temperature
accessories. The "antenna assembly" is attached to the end of
the measuring tape and is designed to contain sensor(s) for the
electronic accessories. (The antenna sleeve is also among the
imported articles).
Further, the tape measure sold with the basic Tank Profiler
contains wires which are designed to carry current from the
sensor(s) to the electronics module when the Tank Profiler is
being operated with its accessories. The importer states that
the wires provide support to the tape measure in addition to
conducting electricity; even if the wires perform significant
mechanical functions, the mechanical functions would be
subordinate because electrical wires are primarily designed to
conduct electrical current.
The importer argues that the mechanical tape measure gives
the apparatus its essential character because the ullage reading
which it provides is the most substantial measurement which the
electronic features merely refine; the tape measure operating
alone can provide an approximate measurement of the amount of
liquid in a container, but the "water concentration" and
temperature readings would be meaningless if taken without an
ullage reading.
Although the tape measure would provide the best estimate of
container content if used alone, the essential character of the
AGAR ID-210 Portable Tank Profiler should not in our opinion, be
determined on this basis. The Tank Profiler is designed as a
comprehensive "package" which gives a highly accurate measurement
of container content from mechanical and electronic readings, not
just an estimate from a mechanical reading.
The best source of guidance in determining whether the
apparatus is electrical or non-electrical is Chapter 90 U.S.
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Note 2, which provides a specific definition of Chapter 90
"electrical" apparatus. The water concentration and temperature
features are clearly "electrical" (and the basic Tank Profiler
unit facilitates these features by providing structural support
and incorporating electrical elements such as wire). The
electrical features are essential to the Tank Profiler's function
of providing precise container content measurements. The Tank
Profiler depends on varying electrical phenomenon to accurately
determine the true content of liquid in a container. The tank
Profiler is an electrical apparatus and its parts, except loose
steel screws, are classified in 9026.90.20, HTSUSA.
The steel screws which are imported loose (not already set
in other parts) are excluded from Chapter 90 by Chapter 90 Note
1(e). The screws are classified in Heading 7318; they appear to
be very small and if they are machine screws less than 9.5 mm in
length with shanks or threads less than 6 mm in diameter, are
classified in 7318.15.60, HTSUSA.
HOLDING:
The imported parts for the Agar ID-210 Portable Tank
Profiler, except for loose screws, are classified in 9026.90.20,
HTSUSA. Screws which are imported in bulk and not set in other
parts are classified in Heading 7318; machine screws less than
9.5 mm in length with shanks or threads less than 6 mm in
diameter are classified in 7318.15.60, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division